Answer:
Based on the information provided, the consumer may have a warranty claim against the seller under the implied warranty of merchantability. The implied warranty of merchantability is a guarantee that the product being sold is of reasonable quality and fit for its intended purpose. In this case, the fact that the soles of the shoes became unglued and fell off after only three weeks of wearing suggests a lack of reasonable quality. Therefore, the consumer could argue that the shoes did not meet the standard expected for their intended use as footwear.
The implied warranty of fitness for a particular purpose may not apply in this scenario unless the consumer specifically informed the seller about a particular purpose for which they needed the shoes, and the seller assured them that the shoes would be suitable for that purpose.
The presence or absence of a written or express warranty does not necessarily determine the consumer's rights in this case. The implied warranties, such as the implied warranty of merchantability, exist by default under the law, regardless of whether there is a written or express warranty.
Therefore, the most appropriate answer would be: Yes, the implied warranty of merchantability was breached.