What is the fundamental difference between the natures of the two tests discussed in this case?


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What is the fundamental difference between the natures of the two tests discussed in this case?


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Read Case 13-2, Williams vs. Braum Ice Cream Store, Inc., located in your textbook in Chapter 13 on pages 354-355. In this case, the court set forth the two tests used in various jurisdictions to decide whether a breach of warranty of merchantability exists. The court explained both the foreign-natural test and reasonable expectations test. The case arose after the plaintiff broke a tooth on a cherry pit that was in cherry-pecan ice cream.

Read this case carefully, and then respond to the questions posed below.

  1. Summarize the relevant facts of the case.
  2. What is the conclusion?
  3. What is the fundamental difference between the natures of the two tests discussed in this case?
  4. Which of the two tests is more likely to yield ambiguous reasoning when applied?