Case Study #2
Tyrone Burnett
Kaplan University

Case Study #1
Key Issues
In the case of Keller vs Inland Metals All Weather Conditioning, Inc. Keller installed an indoor swimming pool in the athletic club they owned and customers began to complain about the air near the pool was hot, humid, and foul smelling (Beatty 2013). Two companies submitted bids one for a 7 1/2 –ton dehumidifier for about $30K and another 10 ton dehumidifier machine for about $40K. Keller was unsure if the 7 ½ ton dehumidifier might be too small. Inland’s president and another representative visited the club and assured Keller the 7 ½ ton dehumidifier would work and submitted a letter stating the same thing. Later, Keller still had the same problem and complaints about the air near the pool being hot, humid, and foul smelling. Keller decided to sue. Analysis 1
When you look at warranties it is a contractual assurance that goods will meet certain standards (Beatty 2013). As the text state, an express warranty is one that the seller creates with his words and actions (Beatty 2013). There was a breach and an express warranty was made. Keller had a problem that the 7 ½ ton dehumidifier was too small. Inland sent the president and a representative and orally told Keller that the 7 ½ ton dehumidifier would work. Inland also wrote in a letter stating “this ducted system will rid you of the sweating walls and eliminate those offensive odors, and overall bad air. The text also states, whenever a seller clearly indicates to a buyer that the goods being sold will meet certain standards, they have created an express warranty. As Dykas a state, UCC section 2-313 specifies that two criteria be met to create express warranties (Dykas 1991). Express warranties are created by affirmation, promise, description, and sample (Dykas 1991). Second, the affirmation, promise, description or sample must become part of the basis of the bargain (Dykas 1991). The letter wrote stated, “This ducted system will rid you of the sweating walls and eliminate those offensive odors, and overall bad air”. This statement is part of the basis of the bargain, to assure Keller the 7 1/12 ton dehumidifier will work regardless of its size. This statement was the reason Keller decided to buy the 7 ½ ton dehumidifier. Inland breached an expressed warranty.

References
Beatty, J., & Samuelson, S. (2013). Introduction to Business Law (4th Ed.). Mason, 45040: South-Western, Cengage Learning.
Dykas, P. (1991). Opinion v. Express Warranty: How Much Puff Can a Salesman Use, If a Salesman Can Use Puff to Make a Sale [comments]. Idaho Law Review, (1), 167.