Asked by Collin Shaffer on Jul 08, 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 be able to recover damages based upon breach of the implied warranty of fitness for a particular purpose?
A) Yes.
B) No,because there was no express warranty.
C) No,because Donnie's only right of recovery was for breach of the implied warranty of merchantability.
D) No,because Donnie's only right of recovery was for breach of an express warranty.
E) No,because Donnie as a reasonable person should have known that the car would not pull the boat,regardless of what the salesperson said.
Implied Warranty
An implied warranty is a legal assumption in sales that the goods sold meet certain quality and reliability standards, even if not expressly stated.
Express Warranty
A clearly stated promise or guarantee made by a seller that a product will meet certain standards of quality and reliability.
Merchantability
An implied warranty that goods for sale are reasonably fit for the general purpose for which they are sold.
- Become aware of the rights and corrective actions available to buyers and sellers under the UCC in matters concerning the exchange of goods.
- Analyze the pertinence and execution of warranty clauses within varied commerce situations, including interactions amongst traders and laypersons.
Verified Answer
NF
Natalie FuentesJul 08, 2024
Final Answer :
A
Explanation :
The implied warranty of fitness for a particular purpose arises when a seller knows or has reason to know a)why the buyer is purchasing the goods in question and b)that the buyer is relying on the seller to make the selection.
Learning Objectives
- Become aware of the rights and corrective actions available to buyers and sellers under the UCC in matters concerning the exchange of goods.
- Analyze the pertinence and execution of warranty clauses within varied commerce situations, including interactions amongst traders and laypersons.