Ted goes to his neighborhood hardware store and asks for a six foot by two foot piece of plywood.He also requests that it be "sturdy".Ted purchases the plywood and proceeds to use it as a makeshift bridge for his dog,a 75 pound black lab,to cross over a small ditch in the backyard.The first time his lab attempts to cross the bridge it breaks and the dog falls into the ditch fracturing a bone.Ted's suit against the hardware store for the vet bills will
A) succeed for breach of implied term of fitness because Ted specifically asked for the plywood to be "sturdy".
B) fail because Ted did not expressly state the particular purpose for which he intended to use the plywood and therefore the hardware store did not breach any implied term of fitness.
C) succeed because the hardware store meets the implied term of merchantable quality by selling the plywood to Ted in these circumstances.
D) fail because there was no breach of the implied term as to description.
E) none of the above
Correct Answer:
Verified
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