Question

Clarence, a business executive, decided to hold a garage sale. At the sale, his neighbor Betty mentioned to Clarence that she was the catcher on her city-league baseball team and was having trouble catching knuckleball pitches, which required a special catcher’s mitt. Clarence pulled an old mitt from a pile of items that were on sale and said, “Here, try this.” Betty purchased the mitt but discovered during her next game that it didn’t work. Has Clarence breached an express or implied warranty? Why?

Answer 1

Express or implied warranty is not applicable on the sale of used goods sold through flea market or garage sale where the owner of the items has discarded them long and their condition vary in quality. The implied warranty holds where the seller of goods has a regular practice of selling such items. In this case, Clarence is not a regular seller of such items, hence the goods sold by her does not hold any express or implied warranty.