Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts

Exercise 8

Brian Felley purchased a used Ford Taurus from Thomas and Cheryl Singleton for $8,800. The car had one hundred and twenty-six thousand miles on it. After test driving the car, Felley discussed the condition of the car with Thomas Singleton, who informed Felley that the only thing known to be wrong with the car was that it had a noise in the right rear and that a grommet (a connector having to do with a strut) was bad or missing. Thomas told Felley that otherwise the car was in good condition. Nevertheless, Felley soon began experiencing problems with the car. On the second day that he owned the car, Felley noticed a problem with the clutch. Over the next few days, the clutch problem worsened and Felley was unable to shift the gears. Felley presented an invoice to Thomas showing that he paid $942.76 for the removal and repair of the car's clutch. In addition, the car developed serious brake problems within the first month that Felley owned it. Felley now contends that the Singletons breached their express warranty.
a. What arguments would support Felley's contention?
b. What arguments would support the claim by the Singletons that they had not given an express warranty?
c. What is the appropriate outcome? Explain.?