Keller Case

After carefully studying the case (Keller v. Inland Metals All Weather Conditioning Inc.) I have concluded that Inland did make an express warranty and they did breach the express warranty. A warranty is a contractual assurance that goods will meet certain standards and normally a manufacturer or the seller gives the warranty and the buyer relies on it. An express warranty is one that the seller creates with his words or actions. (Beatty, 2008) When two merchants make an oral contract, and one sends a confirming memo to the other within a reasonable time, and the memo is sufficiently definite that it could be enforced against the sender herself, then the memo is also valid against the merchant who recieves it unless he objects within 10 days. (Beatty, 2008) A buyer has the right to inspect the goods before paying or accepting and may reject nonconforming goods by notifying the seller within a reasonable time. (Beatty, 2008) Inland clearly made an express warranty firstly by their actions to the Keller's when the president of Inland accompanied by a representative of the machine's manufacturer visited the atheletic club and secondly in the follow up letter which stated: "This ducted system will rid you of the sweating walls and eliminate those offensive odors and overall bad air. This is not an uncommon problem and all commercial pool owners face the same thing until they install one of these systems. Once you complete this installation, your air problems should be over and your customers should be satisfied and happy." (Beatty, 2008) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (Cornell Law, 1992) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. (Cornell Law, 1992) Inland didn't have to use formal words such as "warrant" or "guarantee" or that have a specific intention to make a warranty but an affirmation merely of value of the goods or a statement purporting to be merely the sellers' opinion or commendation of the goods does not create a warranty.