[Disappointing Boat Purchase] Ava went to purchase a new boat. She wanted a boat she could use in a nearby lake and also take to the coast for use in ocean waters. Ava saw a boat she liked in the showroom. She showed the boat to Brock, the sales representative at the dealership, and stated that she wanted a boat for both lake usage and ocean usage. Brock told her that the dealership had the best boats in the state, that the engine was great in the boat she liked, and that she would have no problem with steering or with the carburetor. He said nothing about whether or not the boat was an appropriate vessel for ocean waters. Ava purchased the boat. She immediately began to have significant problems with it. The engine did not perform adequately, and there were problems with the steering and carburetor. Additionally, Ava attempted to take the boat onto ocean waters and had significant difficulty. She later discovered that it was not an ocean-going vessel. It was only appropriate for lake usage.
-Without taking into account any statements made by either the salesperson or Ava regarding uses for the boat, what type of warranty did the seller make by merely selling the boat?
A) The sale itself constituted an implied warranty of merchantability but not an express warranty or a warranty of fitness for a particular purpose.
B) The sale itself constituted a warranty of fitness for a particular purpose but not an express warranty or an implied warranty of merchantability.
C) The sale itself constituted an express warranty but not an implied warranty of merchantability or a warranty of fitness for a particular purpose.
D) The sale itself constituted both an express warranty and a warranty of fitness for a particular purpose but not an implied warranty of merchantability.
E) The sale itself constituted both an express warranty and an implied warranty of merchantability but not an express warranty.
Correct Answer:
Verified
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