northwood wrote: possible express warranty??
Statement was not made before he signed up for barprep- so it cannot have been said to have been part of the bargain. Also debatable whether UCC would apply to a barprep course- but it would appear that the gravaman of harm arose from the service aspect of the contract not the goods portion.
Just had a MCQ that I think was ridiculous. Owner hires landscaper to burn a tree stump on Owner's property. Landscaper burns the stump on a windy day which causes the smoke to enter an open window on neighbor's property and cause damage. The best defense for Owner? That smoke entering his neighbor's house was unforeseeable. Really? It's not foreseeable that neighbors would have their windows open? It's not foreseeable that creating smoke on a windy day could cause that smoke to be blown past Owner's property? I know it depends in part on what the other answers were- but this is ridiculous.