Home › Forums › Am I a Fauxtog? › very unhappy. › Reply To: very unhappy.
OK, going out on a limb here –
Actually, I don’t agree that the analogy is spot on. It is not as though she ordered a hamburger and expected steak. She ordered a cheap steak, and got a hamburger (chopped steak) – the question is, does this chopped steak conform to the contract? Until and unless we know what was said, what was presented (did the seller show sample photos from previous weddings? If so, this could be considered a sample model, and thus an express warranty, under UCC 2-313 (2)(c)), it is impossible to determine whether the buyer received the benefit of the bargain. The seller promotes herself as a “professional” – thus giving rise to the question of whether the goods/services conform to the expectation of “professional” quality under UCC 2-313 (2)(a):
“(2) Express warranties by the seller to the immediate buyer are created as follows:
(a) Any affirmation of fact or promise made by the seller which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.” *
All of this is to say that the issue here is far more complicated that may be realized at first glance. Until it is known EXACTLY what was said, EXACTLY what was contracted for, it is impossible for anyone to determine the extent of the buyers responsibility to the seller, and vice/versa.
* good, as used in the UCC, is implied to include services rendered.