Question: Please answer as soon as possible, thank you. Which statement is true regarding the implied warranty of fitness for a particular purpose? It applies in

Please answer as soon as possible, thank you.

Which statement is true regarding the implied warranty of fitness for a particular purpose?

  • It applies in every case in which an express warranty is found.

  • It applies in every case in which an implied warranty of merchantability is found.

  • It is a common law doctrine not followed by the UCC which recognizes only the implied warranty of merchantability.

  • It applies in every sales transaction involving a merchant.

  • It may be applied to sellers who are not merchants.

Which is a true statement regarding a buyer's right to waive warranties?

  • A buyer may not waive warranties.

  • A buyer may waive implied warranties but not express warranties.

  • A buyer may waive express warranties but not implied warranties.

  • A buyer may waive both express warranties and implied warranties.

  • A buyer may waive express warranties and the implied warranty of fitness for a particular purpose, but not the implied warranty of merchantability.

Business law teacher Julie was very sensitive about her upcoming 50th birthday. Her students decided to surprise her with a cake. On behalf of her class, Damon, a student, went to the bakery and ordered a cake that said "Happy Birthday - You Look Great!" The salesclerk said there would be no problem having the cake ready and that it should make the birthday girl feel great. Damon was in a big hurry when he picked up the boxed cake, and although the salesclerk asked Damon to take a look at the cake, he declined. Unfortunately, when the cake was opened in class, the icing read, "Happy Birthday - You Look Gray!" The students were mortified, and Julie stormed off angrily, vowing to give a difficult final. Which of the following is true regarding the warranties the bakery breached, if any?

  • Because the salesclerk promised that there would be no problem with the cake, the bakery breached an express warranty and is liable for damages.

  • The bakery breached the warranty of merchantability and is liable for damages.

  • Because the salesclerk promised that the cake would make the birthday girl feel great, the bakery breached the implied warranty of fitness for a particular purpose and is liable for damages.

  • Because food was involved, no warranties were made.

  • Because Damon failed to inspect the cake, he waived implied and express warranties.

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