If a 350-pound man tells a sales clerk he needs a chair that will not collapse under his weight and is sold one that will support a person of only average weight:
A) the warranty of fitness for a particular purpose is breached but not the warranty of merchantability.
B) the warranty of merchantability is breached but not the warranty of fitness for a particular purpose.
C) both the warranty of fitness for a particular purpose and the warranty of marketability are breached.
D) both the warranty of fitness for a particular purpose and the warranty of merchantability are breached.

Question

Quizplus · Accepted Answer

The warranty of merchantability focuses on whether the goods are fit for the ordinary purposes for which such goods are used, while the warranty of fitness focuses on a particular purpose or the buyer's individual purpose. Thus, if a 350-pound man tells a sales clerk he needs a chair that will not collapse under his weight and is sold one that will support a person of only average weight, the warranty of fitness for a particular purpose is breached but not the warranty of merchantability.

If a 350-Pound Man Tells a Sales Clerk He Needs