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Does Goofus have a claim for breach of an express warranty?


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Prepare an answer, in narrative essay form, of approximately 250-500 words to the problem posed and questions set forth in the following: Goofus is a citizen of the United States and resides in Colorado. He bought a new claw hammer with a wooden handle, made by the Really Good Tool Company, from National Hardware Store. It bore a label that said “Quality checked – 5 year guarantee.” He took it home, and put it in his tool box. From time to time he retrieved it from the tool box, used it properly, and returned it to the tool box for storage. About 3 years after the purchase, Goofus was using the hammer to pry very large metal spikes out of old railroad ties. The spikes were 1 and ½ inches in diameter, far too big for the claw to grasp effectively, and 10 inches long. The spikes had been in the railroad ties for years. Goofus could not get enough leverage with the hammer alone, so he slipped a piece of pipe about four feet long over the wooden handle. With the increased leverage he leaned all his weight on the pipe, and the first spike moved. With work he removed it completely. Goofus then proceeded to a second spike, placed the claw end of the hammer under it as best he could, and using the pipe over the hammer handle again, applied his weight. This time the hammer handle broke, causing the free end of the pipe to swing up and smack Goofus up the side of his head, resulting in a serious injury to Goofus from which he never fully recovered. 1. Does Goofus have a claim for breach of an express warranty? Why or why not? How is an express warranty created under the Uniform Commercial code (use your Internet research here). 2. Does Goofus have a claim for breach of the implied warranty of merchantability (discussed on pages 274-277)? Why or why not? Write your paper in Microsoft Word and format it according to APA standards (no cover page, Table of Contents, or thesis required). Submit your paper by the due date posted. Paper needs cover sheet and references page. Book citation and 2 other resources are needed.


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