Brian Felley purchased a used Ford Taurus from Thomas
and Cheryl Singleton for $8,800. The car had one hundred
and twenty-six thousand miles on it. After test driving the
car, Felley discussed the condition of the car with Thomas
Singleton, who informed Felley that the only thing known to
be wrong with the car was that it had a noise in the right rear
and that a grommet (a connector having to do with a strut)
was bad or missing. Thomas told Felley that otherwise the
car was in good condition. Nevertheless, Felley soon began
experiencing problems with the car. On the second day that
he owned the car, Felley noticed a problem with the clutch.
Over the next few days, the clutch problem worsened and
Felley was unable to shift the gears. Felley presented an
invoice to Thomas showing that he paid $942.76 for the
removal and repair of the car’s clutch. In addition, the car
developed serious brake problems within the first month that
Felley owned it. Felley now contends that the Singletons
breached their express warranty.
a. What arguments would support Felley’s contention?
b. What arguments would support the claim by the Singletons
that they had not given an express warranty?
c. What is the appropriate outcome? Explain
