Question
1.Forbes is a retired chef who is starting up a meal delivery business in Hudson Heights, New York.She mentions her plans to her neighbor, Shea,
1.Forbes is a retired chef who is starting up a meal delivery business in Hudson Heights, New York.She mentions her plans to her neighbor, Shea, who just retired from managing the Hilltop Golf Resort in Hudson Heights.Shea then offers to sell Forbes Shea's golf cart to make deliveries.Forbes buys the golf cart for $750.On her first delivery, Forbes drives the golf cart up a hill, but the cart stalls out because its engine lacks sufficient power to climb hills.Forbes is seriously injured when the golf cart is struck from behind by a car.Forbes brings an action against Shea for breach of express warranty. What is the most likely outcome of Forbes' action?
A.Forbes may not recover because Shea does not qualify as a "merchant" under the UCC.
B.Forbes may not recover because she did not obtain any written warranty from Shea.
C.Forbes may recover because Shea is deemed a "merchant who deals in goods of that kind" under the UCC.
D.Forbes may recover because Shea knew the purpose for which Forbes intended to use the golf cart and that Forbes was relying on Shea's judgment.
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