Asked by Alejandra Navarro Borda on May 25, 2024
Verified
Palmer goes to a truck dealership and asks for a truck capable of handling a 5000-pound load.He makes it clear that it is up to the salesman to select an appropriate truck.Without saying anything about the truck's load-carrying capacity,the salesman selects a certain truck for Palmer.Relying on the salesman's choice,Palmer buys the truck in question.However,the truck can only handle a 2500-pound load.Palmer wants to sue the dealership because he did not get the truck he desired.Which of the following product liability theories gives Palmer his best chance of recovery?
A) Express warranty
B) Implied warranty of fitness
C) Implied warranty of merchantability
D) Section 402A
Implied Warranty of Fitness
A legal doctrine that suggests that when a seller knows the specific purpose for which an item is purchased, the item is guaranteed to be fit for that particular purpose.
Product Liability Theories
Legal doctrines that hold manufacturers, distributors, suppliers, retailers, and others who make products available to the public responsible for the injuries those products cause.
Load-Carrying Capacity
The maximum weight that a structure or vehicle can safely carry or support.
- Absorb the understanding of express and implied warranties and their repercussions in business transactions.
- Outline the differences between merchantability warranty and fitness for a particular purpose warranty.
Verified Answer
MA
Melanie AndradeMay 31, 2024
Final Answer :
B
Explanation :
In the implied warranty of fitness,the buyer actually relies on the seller's skill or judgment in purchasing the goods.In this particular case,there is a breach of the buyer's trust.
Learning Objectives
- Absorb the understanding of express and implied warranties and their repercussions in business transactions.
- Outline the differences between merchantability warranty and fitness for a particular purpose warranty.