Colt saw a commercial by a car manufacturer on TV that claimed one of its new models, the Vogue, averaged 45 miles to a gallon on the highway. He went to the Kan Car Dealership and purchased a Vogue but never asked about the manufacturer's statement
regarding the mileage claim. A short time after his purchase, he discovered the car would only get 30 miles to the gallon on the highway. Colt returned to the dealer and claimed breach of an express warranty on the part of the manufacturer and the car dealership based on the TV commercial. Is Colt correct?
Yes. Manufacturers can create express warranties through advertisements in newspapers, TV commercials, etc. In this case, Colt had a case for breach of express warranty against the manufacturer and possibly the dealership. Courts would state that the car dealership adopted the claim of the manufacturer by association.
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