Tom purchases an IBM from Jonh, a thief, for $550. Later, Tom reconditions the typewritten and sells it to Larry for $750. When the original owner tracks down the stolen typewritten, Larry sues Tom under the theory of
a. warranty of title
b. warranty of merchantability
c. express warranty
d. warranty against infringement
I think D
Beacause Larry is Tom's best friend, Larry sues Jonh for his loss. Larry will
a. win on theory of warranty of title or win in theory of strict liability?
b. Lose because there is no privity of contract
c. lose, Jonh was a thief and made no warranty of life
d. lose, there was a disclaimer
I think B
4 answers
You are right on the second one. On the first, what is warranty of title?
Warranty of title is an implied warranty made by a seller that the seller ha good and valid title to the goods sold and that the transfer of the title is rightful.
so, Larry bought somethign from Tom, and Tom did not have a right to sell it.
i guess..so do you think D is correct?