5. If, from the above example, the sticker on the Maxima's window and the various brochures, etc. state in many places that the Nissan Maxima has 300 horsepower, could Janice claim she was the victim of fraud if the salesman told her the car had a 420-horsepower engine? ____ (Yes, if the salesman told her the car has 420 horsepower / No, not if a reasonable person would be able to know by looking at the sticker, etc. the car does not have this much power)

6. Continuing with the same example, if the salesman told Janice "this Nissan Maxima is, by far, the best luxury car on the market - much better than Toyota's Avalon!" would his statement be an express warranty? ___ (Yes / No, a statement of opinion is not an express warranty)

7. Adam was going to Colorado to do some extensive mountain hiking. He went to The Shoe Store and explained to the clerk he was looking for some high quality hiking boots that would be suitable in the Colorado Rockies. The clerk picked out a pair of boots that cost $280 and told Adam "these are incredible hiking boots and will be perfect for your trip." Relying on the clerk's recommendation, Adam bought the boots. When he got to Colorado he was told by an outfitter that the boots were too heavy and not suitable for hiking in the mountains. Adam ended up spending $225 for another pair of boots that were much better suited for mountain hiking. If Adam takes the boots back to Shoe Store to get a refund, the clerk may point out the boots are really well made! If that is true, is it fair to say the shoes are "merchantable" even if they may not be particularly suited for hiking in the mountains? ____ (Yes, goods can be merchantable but not suitable for a particular purpose / No, if goods are not suitable for a particular purpose they are not merchantable)