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Question
Kyle, a manufacturer of cribs and various kinds of furniture for children, sold 100 cribs to Tara, the owner and operator of a store that specialized in the sale of such items. The sale was accomplished pursuant to a typewritten contract entered into by both parties. You are to assume that the implied warranties of merchantability and fitness for a particular purpose would apply to the transaction, unless such warranties were effectively disclaimed. The parties' typewritten contract included, in a prominent position, a term that was in all capital letters, unlike the rest of contract, which was in standard type. The term read: "Seller hereby disclaims all implied warranties." On these facts, Kyle has probably made an effective disclaimer of:
A. the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
B. neither the implied warranty of merchantability nor the implied warranty of fitness for a particular purpose.
C. the implied warranty of fitness for a particular purpose, but not the implied warranty of merchantability.
D. the implied warranty of merchantability, but not the implied warranty of fitness for a particular purpose.
Answer
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