Farmer Bob and the Hardware Store, Essay Example

Case 4 Issue

Farmer Bob wants to sue Piggly Wiggly Hardware Store under Breach of Warranty because the ropes he was sold broke. The clerk believes that he does not have a legal case.

Case 4 Rules

The Breach of Warranty states “Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.”

Case 4 Application

In this situation, Farmer Bob never told the clerk what he was using the rope for so the buyer cannot reasonably rely on the clerk’s suggestion. Therefore, he was not able to recommend a product that was truly suitable for the given purpose.

Case 4 Conclusion

The clerk is correct because Farmer Bob only specified that he needed “strong rope”. The product that the clerk sold him originally was classified as strong rope. However, the clerk would have been liable if he was told that rope that could hold 500 pounds was needed and he provided rope that could only hold 200 pounds anyway. This is not considered to be a Breach of Warranty because the clerk was not provided with the correct information to be able to help Farmer Bob.