1. Ralphs Hardware updated its accounting system and agreed to purchase a computer system from a manufacturer, Bits and Bytes (BB). During contract negotiations, BBs sales representative promised that the system was A-1 and perfect. However, the written contract, which the parties later signed, disclaimed all warranties, express and implied. After installation the computer did not work as expected and did not produced the expected accounting information. Is BB liable for breaching an express warranty? Why or why not? 2. Tom Anderson, the produce manager at the Thriftway Market in Pasco, Washington, removed a box of bananas from the top of a stack of produce. When he reached for a lug of radishes that had been under the bananas, a six-inch spider Heteropoda venatoria, commonly called a banana spider leaped from some wet burlap onto his left hand and bit him. Nine months later he died of heart failure. His wife brought an action against Associated Grocers, parent company of Thriftway Market, on theories of (1) strict products liability under Restatement, Section 402(a); (2) breach of the implied warranty of merchantability; and (3) negligence. The trial court ruled against the plaintiff on all three theories. Was that a correct ruling? Explain.
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