Clyde Clydeford is an expert in Stradivarius violins. In fact, Clyde has an excellent collection and is considered the best violist in the world at playing "The Devil Went Down To Georgia" by Charlie Daniels. Drawn by Clyde's reputation, Nick Stradivarius, a distant relative of the great violin designer, seeks out Clyde to buy one of his prized violins. Nick tells Clyde that he would like a violin that will allow him to perfect his "fiddlin'" with his traveling country music band. Clyde is reluctant to sell a Stradivarius to such an obvious rube, but the money is right so he decides to go through with the sale. Nick, relying on Clyde's expertise, asks him which violin he should purchase. Clyde talks to Nick about several of the violins and finally recommends a specific one. Nick purchases the violin and leaves happy, knowing that he now owns a piece of his family's distant history and a fine instrument that will help him perform better on stage. When Nick actually uses the violin in a performance he is shocked to hear the horrible sound emanating from his bow. It turns out that Clyde sold him a violin that is fit for a small practice room, so the sound doesn't resonate properly on a large stage. Nick is furious. Is there any implied warranty of fitness for a particular purpose Nick can rely on?
A) Yes, because sale of a Stradivarius violin carries with it the implied term that the violin will be suitable for performances.
B) No, because only a merchant can create an implied warranty of fitness for a particular purpose and Clyde is not a merchant.
C) Yes, because Nick relied on Clyde and his expertise in Stradivarius violins.
D) No, because Nick should have known which violin to buy because he presumably has some knowledge in the area.
Correct Answer:
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