Bayliner Marine Corp. v. Crow

Bayliner Marine Corp. v. Crow - him to fish. Issue :...

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Contracts 11/19/08 Warranties Bayliner Marine Corp. v. Crow, 1999 Facts : Crow wanted to purchase an off-shore fishing boat. The boat he was interested in advertised that it could reach a maximum speed of 30 mph (in ideal conditions and with 600 lbs on board and with a certain type of propeller). It also said this model [of boat] “delivers the kind of performance you need to get to the prime offshore fishing grounds.” Crow bought the boat and it only went 13 mph with 2,000 lbs on board. After modifications, it went 17. He temporarily got it to reach 24 mph after modifications. Bayliner wrote Crow a letter saying the boat only went 23-25 mph and that the 30 mph figure was incorrect. Crow said the boat was too slow for its intended use. It takes a while to get out to off- shore fishing sites, and the boat’s slowness decreases the amount of time available for
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Unformatted text preview: him to fish. Issue : whether there was sufficient evidence to support the trial court’s ruling that the manufacturer of a sport fishing boat breached an express warranty and implied warranties of merchantability and fitness for a particular purpose. Holding : judgment reversed on all 3. Class Notes : *UCC § 2-313 Express warranty – making a representation about the goods, giving a description, displaying a sample or model. You don’t have to say “I guarantee.” *UCC § 2-314 Implied warranty of merchantability – seller must be a merchant; fit for ordinary purpose for which such goods are used. *UCC § 2-315 Implied warranty of fitness for a particular purpose – if seller confirms buyer’s expectations. Buyer: “I want to use this for doing x.” Seller: “You can do x with this.”...
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This note was uploaded on 04/10/2011 for the course LAW 501 taught by Professor Roy during the Fall '08 term at Ole Miss.

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