Asked by Emily Huber on May 26, 2024
Verified
Boat Tow.Donnie went to a new car dealership and told the salesperson (who was not the manager) that he needed a new car that would both get good gas mileage and pull his big boat.The salesperson encouraged him to buy a smaller car that the salesperson promised would pull the boat.Donnie bought the car and used it to pull the boat.Unfortunately,the heavy pull on the car did significant damage to the car's engine.Donnie complained to the salesperson,who denied any liability.Donnie,who had taken half-a-semester of business law,informed the salesperson that along with the sale of the car he also received an express warranty and an implied warranty of merchantability,and that he could recover under either of those theories.Will Donnie likely be able to recover damages based upon a breach of the implied warranty of merchantability?
A) No,because the implied warranty of merchantability guaranteed that the car would be fit for the ordinary purposes for which it is used.Pulling a boat is not an ordinary purpose for a small car.
B) Yes,because Donnie informed the salesperson about the need for the car to pull the boat.
C) Yes,because the salesperson told Donnie that the car would pull the boat.
D) No,because of the lack of an implied warranty of fitness for a particular purpose.
E) No,because there was no warranty of merchantability.
Implied Warranty
A legal concept that guarantees a product will meet certain standards of quality and reliability without explicitly stating them in a contract.
Merchantability
A warranty that a product will meet reasonable expectations of quality and functionality at the time of sale.
Ordinary Purposes
Refers to the general, expected use of a product or service, implying that it meets a basic level of functionality and safety.
- Identify the entitlements and corrective measures accessible to purchasers and sellers under the Uniform Commercial Code during goods transactions.
- Assess the relevance and implementation of guarantees across different sales scenarios, particularly involving transactions between merchants and non-merchants.
Verified Answer
AC
Anjli ChahalMay 31, 2024
Final Answer :
A
Explanation :
According to the Uniform Commercial Code,in order to be merchantable,goods must be fit for the ordinary purposes for which such goods are used.
Learning Objectives
- Identify the entitlements and corrective measures accessible to purchasers and sellers under the Uniform Commercial Code during goods transactions.
- Assess the relevance and implementation of guarantees across different sales scenarios, particularly involving transactions between merchants and non-merchants.