Carmen informs the sales clerk of an electronics store that she needs a computer that can maintain a 12-hour battery charge. The sales clerk sells a computer to Carmen and withholds the fact that it cannot maintain a 12-hour battery charge. Carmen find out that the computer can maintain only a 6-hour battery charge. Which of the following results is accurate in this scenario? A. Carmen can sue the store for breach of implied warranty of merchantability. B. Carmen cannot sue the store as no breach of warranty occurred because the clerk has no responsibility for the way the Carmen used the computer. C. Carmen can sue the store for breach of implied warranty of fitness for a particular purpose. D. Carmen cannot sue the store as no breach of warranty occurred because the clerk made no affirmative statement or promise about the computer.

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26 November, 10:31

Carmen informs the sales clerk of an electronics store that she needs a computer that can maintain a 12-hour battery charge. The sales clerk sells a computer to Carmen and withholds the fact that it cannot maintain a 12-hour battery charge. Carmen find out that the computer can maintain only a 6-hour battery charge. Which of the following results is accurate in this scenario? A. Carmen can sue the store for breach of implied warranty of merchantability. B. Carmen cannot sue the store as no breach of warranty occurred because the clerk has no responsibility for the way the Carmen used the computer. C. Carmen can sue the store for breach of implied warranty of fitness for a particular purpose. D. Carmen cannot sue the store as no breach of warranty occurred because the clerk made no affirmative statement or promise about the computer.

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Cristina Calhoun · Answer 1

C. Carmen can sue the store for breach of implied warranty of fitness for a particular purpose.

Explanation:

The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow. This implied warranty can also be expressly disclaimed by name, thereby shifting the risk of unfitness back to the buyer.