Reference no: EM133312789

Assignment:

1) Is the defendant taking advantage of the captive audience in her theater?

(2) Is the defendant unfairly generating revenue at the expense of consumers?

(3) Is it a deceptive or unfair business practice for the defendant to show advertisements at showtime?

(4) Does the defendant's conduct constitute a breach of contract?

You Be The Judge: Consumer Law (The Not-So-Captive Audience)

Martin Rispens & Son v. Hall Farms, Inc., 601 N.E.2d 429 (Ind. Ct. App. 1992)

Issue

Plaintiff bought watermelon seed from defendant. The label on the seeds claimed that they were "top quality" and possessed "high vitality, vigor, and germination." The seeds, however, produced a ruined crop. Plaintiff sued defendant for breach of express warranty.

Decision

The Court held that there was an express warranty that the seeds would have "high vitality, vigor, and germination" as these words constituted an affirmation of fact or promise, which became part of the basis of the bargain. However, the Court ruled in favor of the defendant and found no breach.

Significance

Because the watermelon seeds sprouted, grew, and developed, there was no breach of express warranty regarding the wording on the label that the seeds would have "high vitality, vigor, and germination." The Court considered the words "top quality" to merely be puffing and subject to individual interpretation, so not an express warrant but merely the seller's opinion.