Spiegel purchased a jar of face cream from Saks 34th Street. The carton and the
ID: 428677 • Letter: S
Question
Spiegel purchased a jar of face cream from Saks 34th Street. The carton and the jar stated that the cream was chemically pure and absolutely safe. However, when Spiegel used the cream on her hands, it caused a severe skin rash. Which of the following statements in this case is true?
The statements on the carton and the jar constituted an express warranty.
The statements on the carton and the jar constituted “puffing” and were not a warranty.
Since the jar specifically stated it was face cream, the company could made no warranty about use on hands.
Skin creams are so commonly known to be defective or fraudulent that no warranty can exist.
Explanation / Answer
Answer- The statements on the carton and the jar constituted “puffing” and were not a warranty.
Explanation- Express warranty is an agreement between the seller and the buyer that certain parts will be replaced for a certain period of time. The seller indicates that the goods confirm to standards of affirmations of a fact or any promise already made or complies with the description of a model or compares with the description of a sample. For example, the car will go 120 mph is a promise based on facts. This is a guarantee provided by the seller. Hence, when the car does not conform to this fact, then there is a breach for express of warranty.
On the other hand, puffing is a statement of opinion. Puffing does not create any express warranty neither there is affirmation to the value of goods. The statement “The statements on the carton and the jar constituted “puffing” and were not a warranty” refers that the statement “Chemically pure and absolutely safe” is mere puffing or just a statement of opinion wherein it does not provide any fact nor does it confirm to any value of any model or similar products. The buyer cannot sue the seller because there is no guarantee of the product given. The chemicals might be suitable for some individuals and for others it may not. The manufacturer of skin cream does not mention any conformance such as ‘non-allergenic’ to create an express of warranty.
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