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Hank Was Shopping for a New Bike When He Saw

Question 64

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Hank was shopping for a new bike when he saw a used one at a local shop that interested him.He asked to take it for a test ride for an hour,and the shop's owner responded by telling him he could try it out all day if he wanted to.The shop's owner also invited Hank to have it checked out at another shop if he wanted to.Hank took the bike for several hours,riding on the city streets near the bike shop.He never rode it really fast,nor took it down any really steep hills.Hank noticed that the back tire was worn,but decided he wanted the bike anyway,and purchased a new tire at the time he got the bike.There was no mention of any warranty or disclaimers of warranty.Hank rode the bike a few days and it performed to his liking.On Saturday,Hank headed into the mountains on the edge of town.After climbing for over an hour,he turned for the coast home.He soon found out that the brakes were in bad shape,and barely stopped him on one steep section.Furthermore,the wheels were out of balance at high speeds.After getting home,Hank was inspecting the brakes and noticed that the frame had a small crack in it.He took the bike to another shop for an inspection and evaluation and learned that the crack had occurred where the frame had rusted from the inside out.Discuss whether Hank has any breach of warranty claims against the shop where he purchased the bike.

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Because he bought the bike from a mercha...

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