Question

Sadie tells the salesperson that she is a marathoner and needs shoes for distance. The salesperson suggests that Sadie buy a pair of Mercury running shoes. Mercury shoes are actually designed for walking rather than running. On mile 21 of her first training run, the shoes start to wear through in the heel.

1. What type of warranty has been breached?
A) Express warranty.
B) Implied warranty of merchantability.
C) Implied warranty of fitness for a particular purpose.
D) None (No warranty was made in this situation).

Answer 1

C) Implied warranty of fitness for a particular purpose.

Step-by-step explanation:

An implied warranty of fitness for a particular purpose refers to a warranty implied by law that if a seller is informed and got to know the specific purpose for which a good is being bought, the seller is giving a guarantee that the good fit for that specific purpose.

Since Sadie informed the salesperson of the purpose for which she was buying the shoes, the salesperson has breached the implied warranty of fitness for a particular purpose because Sadie bought the shoes based on his recommendation.