Riverside Mill and Standard Contractors enter into a contract for a sale of lumber. The mill knows the purpose for which the buyer will use the goods. Under the UCC, an implied warranty of fitness of a particular purpose arises
A) if the buyer is relying on the seller to select suitable goods.
B) if the buyer asks for it.
C) if the seller is a merchant who deals in goods of the kind sold.
D) in conjunction with lease contracts, not sales contracts.

Question

Riverside Mill and Standard Contractors enter into a contract for a sale of lumber. The mill knows the purpose for which the buyer will use the goods. Under the UCC, an implied warranty of fitness of a particular purpose arises​
A) ​if the buyer is relying on the seller to select suitable goods.
B) ​if the buyer asks for it.
C) ​if the seller is a merchant who deals in goods of the kind sold.
D) ​in conjunction with lease contracts, not sales contracts.

Quizplus · Accepted Answer

According to the UCC, an implied warranty of fitness for a particular purpose only arises if the seller is a merchant who deals in goods of the kind sold and the buyer is relying on the seller's expertise to select suitable goods. As Riverside Mill is selling lumber and is a merchant who deals in goods of the kind sold, and the buyer is relying on their expertise to select suitable lumber, an implied warranty of fitness for a particular purpose arises. Therefore, choice C is the best answer.

Riverside Mill and Standard Contractors Enter into a Contract for a Sale