Question
Brianna Buyer is running an extreme marathon and has been training very hard. She goes to a running store, Shady Sellers, to get the perfect
Brianna Buyer is running an extreme marathon and has been training very hard. She goes to a running store, Shady Sellers, to get the perfect pair of running shoes for the race. She talks with an employee at Shady's and says she is looking for him to provide her with a shoe that can last for many miles, is good on rough terrain, and can breathe well in the extreme heat. Shady's employee does not pay much attention to what she is saying and gives her a cloth running shoe with no special features that she asks for. When Brianna is running her marathon, she sprains her ankle within the first 3 miles and is forced to stop running the extreme marathon. Assume that the cloth shoes would have been adequate for ordinary running shoes. Does Brianna have any warranty claims against Shady Sellers?
Group of answer choices
Yes, Brianna has an express warranty claim because Shady's employee represented to her that the shoe would be acceptable.
Yes, Brianna has an implied warranty of merchantability claim against Shady's because the cloth shoe was not of average quality for ultra-marathoners.
Yes, Brianna has an implied warranty of fitness for a particular purpose claim because she told Shady's employee what she needed, relied on Shady's employee to give her a shoe to meet those requirements, and Shady's employee sold her the shoe.
No, Brianna has no warranty claims against Shady Sellers because Shady Sellers did not make any representations to Brianna.
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