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Question
Joe buys some watermelon seeds from a seed manufacturer's catalog. The catalog describes the seed Joe buys as "top quality." Joe strongly relies upon this statement in making the purchase. The seed turns out to be worthless, and Joe sues the manufacturer for breach of express warranty. You are the attorney representing the manufacturer. Which of the following is your best argument for escaping liability?
A. That a catalog statement cannot create an express warranty.
B. That the basis-of-the-bargain requirement was not met.
C. That the alleged warranty was merely sales talk.
D. That the manufacturer did not give a sample or a model of the seeds.
Answer
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