Ski Shop sells a pair of skis to Tami. When Tami uses the skis, they snap in two. The cause is something that Ski Shop did not know about and could not have discovered. This is a breach of
A) the implied duty of inspection.
B) the implied warranty of merchantability.
C) an express warranty.
D) none of the choices.

Question

Quizplus · Accepted Answer

This is a breach of the implied warranty of merchantability, as the skis were not fit for their ordinary purpose (skiing) and broke while being used in a normal manner. The implied duty of inspection would only apply if Ski Shop had reason to believe that there was a defect in the skis, which is not the case here. An express warranty would be if Ski Shop provided a specific guarantee about the skis, which is also not the case here.

Ski Shop Sells a Pair of Skis to Tami