Asked by Denia Drake on May 26, 2024
Verified
Hot Toaster.Rebecca bought a toaster from Super Store and brought it home.A friend of hers,Greg,was at her house making toast.The toaster malfunctioned and shocked Greg,resulting in a small burn to his hand requiring medical attention.At a garage sale,Rebecca also purchased a blender from a friend,Samantha.When she paid for the blender,Rebecca said that it would be great for making smoothies.Samantha said nothing and just smiled while taking Rebecca's money.Unfortunately,the blender was not powerful enough to make smoothies.Which of the following is true regarding whether Samantha made an implied warranty of fitness for a particular purpose to Rebecca that the blender would make smoothies?
A) Samantha did not make an implied warranty of fitness for a particular purpose,because there is no proof that Rebecca was relying on Samantha to make the selection.
B) Samantha did not make an implied warranty of fitness for a particular purpose,because Samantha is not a merchant.
C) Samantha did not make an implied warranty of fitness for a particular purpose,because there is no proof that Rebecca was relying on Samantha to make the selection and since Samantha is not a merchant.
D) Samantha made an implied warranty of fitness for a particular purpose to Rebecca that the blender would make smoothies,because she had a duty to tell Samantha otherwise.
E) Regardless of whether she said anything or not,Samantha made an implied warranty of fitness for a particular purpose to Rebecca that the blender would make smoothies because she sold the blender.
Implied Warranty
A warranty that is not explicitly stated but is assumed in a sale, ensuring the product is fit for the intended purpose.
Fitness for a Particular Purpose
An implied warranty that goods will meet the specific needs of the buyer, as known by the seller at the time of purchase.
Merchant
A person or company involved in wholesale trade, especially one dealing with foreign countries or supplying merchandise to a particular trade.
- Segregate between explicit and unexpressed warranties, and acknowledge their implications for sales agreements.
- Evaluate the applicability and enforcement of warranties in various sales contexts, including between merchants and non-merchants.
Verified Answer
NC
Nayari CardenasJun 01, 2024
Final Answer :
A
Explanation :
The warranty of fitness for a particular purpose requires that the seller knows or has reason to know that the buyer is relying on him or her to make the selection.
Learning Objectives
- Segregate between explicit and unexpressed warranties, and acknowledge their implications for sales agreements.
- Evaluate the applicability and enforcement of warranties in various sales contexts, including between merchants and non-merchants.