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Arthur was looking for a Father's Day gift for his dad, Tony. Tony was a cigar smoker but Arthur was a nonsmoker. Arthur went to
Arthur was looking for a Father's Day gift for his dad, Tony. Tony was a cigar smoker but Arthur was a nonsmoker. Arthur went to a cigar store and was looking around when the proprietor suggested Arthur try a new imported cigar. The proprietor touted this new cigar as "just like the great Cuban cigars." Arthur was reluctant but did light one of the cigars, which had a pleasant aromatic smell and took about twenty minutes to be consumed. On this basis, Arthur bought a box of the cigars and presented them to his father as a gift. When his father smoked one of the cigars, it gave off an acrid smell and was completely consumed in less than two minutes. When Arthur saw this, he was very upset and asked his father to try another. The same situation was repeated with the acrid odor and the cigar burning down very quickly. After Arthur tried unsuccessfully to obtain a refund, he filed a product liability lawsuit against the store. Choose ALL of the product liability theories that are applicable under these facts. a) breach of implied warranty of fitness for a particular purpose b) strict liability c) an intentional tort d) breach of implied warranty of merchantability e) breach of express warranty (including warranty of conformity to a sample or model)
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