合同与履行第 818 / 1605 题
A contractor tells a buyer, 'This deck lumber is pressure-treated and rated for ground contact,' and the buyer relies on it. The lumber turns out to be untreated. This is most likely a breach of:
a.An implied warranty only
b.The Statute of Frauds
c.An express warranty created by the contractor's affirmation of fact
d.The parol evidence rule
解析
A seller's or contractor's affirmation of fact about goods or work, on which the buyer relies, creates an express warranty. Stating the lumber is pressure-treated and ground-contact rated is a specific factual promise; supplying untreated lumber breaches that express warranty. This is not merely an implied warranty, and it has nothing to do with the parol evidence rule or the Statute of Frauds, which concern written terms and required writings, not truth of factual claims.
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