Joe is going on a "survival hike" in the desert. He goes to a sporting goods store, describes the hike, and asks the salesman to select suitable hiking boots for him. The boots the salesman suggests are well made and are appropriate for normal hiking, but are not suitable for Joe's planned ordeal. Relying on the salesman's selection, Joe buys the boots. After he suffers personal injury because the boots prove inadequate for the survival hike, Joe sues the store. Joe can recover under:

Question

Quizplus · Accepted Answer

The implied warranty of fitness is the warranty that goods are fit for a particular purpose, which includes when the buyer relies on the seller's skill and judgment in selecting the goods. In this case, Joe described his planned survival hike and relied on the salesman's expertise in selecting appropriate boots, indicating that the boots were specifically meant for the purpose of the hike. Therefore, the store breached the implied warranty of fitness, and Joe can recover damages for the personal injury suffered as a result. The implied warranty of merchantability, which warrants goods that are of standard quality and fit for their ordinary purpose, is not relevant in this case. Choice C is inaccurate because only the implied warranty of fitness applies. Choice D is inaccurate because the buyer's responsibility to select goods does not absolve the seller of liability for breach of warranty.

Joe Is Going on a "Survival Hike" in the Desert