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American Suzuki Motor Corp. v. Carney (p. 625)
Facts: Carney purchased a Suzuki Samurai SUV. Although Carney had never experienced any safety issues with his Suzuki, several SUV rollover incidents made him wary of continuing to drive the vehicle. Carney sued for a refund based on a theory of breach of implied warranty, citing an automotive expert who tested the Suzuki Samurai and concluded that it has a higher rollover risk because of its high center of gravity, narrow tread width, and light weight.
1. Which implied warranty is Carney claiming here, and what is the legal standard for such warranties?
2. Can Suzuki disclaim this warranty? Why or why not?
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