Asked by Haktan Öztürkçü on May 18, 2024
Verified
Karen decided to sell her stair step exerciser, because she wasn't using it as much as she thought she would. Her friend Lydia bought it from Karen for $100. The first day that Lydia used the exerciser, it fell apart, injuring Lydia's ankle. Lydia:
A) can sue Karen for breach of the warranty of merchantability, because the exerciser is not fit for the ordinary purpose intended.
B) cannot sue Karen for breach of the warranty of merchantability, because Karen did not expressly warrant the quality of the exerciser.
C) cannot sue Karen for the warranty of merchantability because this warranty was not implied in this situation.
D) cannot sue Karen, because they are not in privity of contract.
Warranty Of Merchantability
An implied guarantee that a product will meet reasonable standards of quality and performance.
Privity Of Contract
A doctrine in contract law which states that contracts are only binding on the parties signing the agreement and no third party can enforce the contract or be sued under it.
- Detect the inception and reality of assumed warranties in sales accords.
- Absorb the fundamentals of merchantability warranties and fitness for a specified purpose.
Verified Answer
TB
Trevor BunkerMay 23, 2024
Final Answer :
C
Explanation :
C) The warranty of merchantability typically applies to merchants or sellers engaged in the business of selling the goods in question. Since Karen is a private individual selling a used item, the warranty of merchantability would not be implied in this private sale.
Learning Objectives
- Detect the inception and reality of assumed warranties in sales accords.
- Absorb the fundamentals of merchantability warranties and fitness for a specified purpose.