Nancy was shopping for a mountain bike for her niece\'s birthday present, but Na

Question

Nancy was shopping for a mountain bike for her niece's birthday present, but Nancy didn't know anything about bikes. She asked the salesperson for help and said, "I'm relying on you to pick the right bike for my niece who is planning on riding this new bike on a trip to the top of Pike's Peak in Colorado Springs. She is five feet, eleven inches tall." Nancy relied on the salesperson's advice and bought the $10,000 bike he suggested. Which of the following warranties may have been created? Implied warranty of merchantability Express warranty Strict liability Implied warranty of fitness

Explanation / Answer

The Implied warranty of fitness will be applicable here because the seller has reasons to know that the buyer is relying on the skill and ability of the seller to judge the fitness and usability of the product (note that Nancy as a buyer is relying on the seller's ability to judge the fitness on the basis of her niece's heigh).

Breach of express warranty is not applicable because it is available if the product does not conform to a representation made by the seller of the product. Breach of Implied warranty of merchantability is also not applicable because it requires the product to be not fit for its ordinary purpose. Strict liability will also not apply as it applies to the case of actual physical harm caused to the consumer.

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