Question: QUESTION 34 Clerk at a hardware store is talking to a customer about forklift trucks. The clerk told the customer he handled all inventory loading

QUESTION 34

  1. Clerk at a hardware store is talking to a customer about forklift trucks. The clerk told the customer he handled all inventory loading for the store and was familiar with forklifts. Buyer wanted a forklift to lift 500 pounds and the clerk directs him to a particular vehicle. Buyer uses the forklift to lift 450 pounds and the forklift collapses, dropping the goods.

    a.

    Seller is not liable because it gave no express warranty

    b.

    Seller is not liable because the clerk did not have permission to make the statement as to weight capability

    c.

    Seller is liable for breach of the warranty of merchantability

    d.

    Seller is liable for breach of the warranty of fitness for a particular purpose

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