Suppose Susan wants to buy lumber to build a small deck in her backyard. She goes to Joe's Lumber Yard to purchase the lumber and describes to Joe, the owner of the lumber yard, the size of the deck she intends to build. Susan also tells Joe that she is relying on him to select the right lumber for the project. Joe selects the lumber and states that the lumber will serve Susan's needs. Susan buys the lumber and builds the deck. The deck collapses because the lumber was not strong enough to support it. Susan can sue Joe for breach of what of the warrantie?

Question

Business

Spanky

31 March, 20:32

Suppose Susan wants to buy lumber to build a small deck in her backyard. She goes to Joe's Lumber Yard to purchase the lumber and describes to Joe, the owner of the lumber yard, the size of the deck she intends to build. Susan also tells Joe that she is relying on him to select the right lumber for the project. Joe selects the lumber and states that the lumber will serve Susan's needs. Susan buys the lumber and builds the deck. The deck collapses because the lumber was not strong enough to support it. Susan can sue Joe for breach of what of the warrantie?

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Answers (1)

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Callum Haas · Answer 1

Answer: the warrantie is called fitness for particular purpose.

Explanation:

Unless properly disclaimed in the contract, an implied warranty of fitness for particular purpose arises when: (1) the seller knows, or should know, buyer's purpose for the goods; and (2) the seller knows, or should know, that buyer is relying on seller to determine what the buyer needs for that purpose.