Business Law

Lillian walked into Nell's shoe store. Lillian told Neil, the owner of the store, that she planned to climb Mount Denali next month, and that she'd like some shoes for the purpose. Neil selects a pair of shoes made by Woodpond, a company well-known for its boots. Neil made no comments about the boots. He simply told Lillian to try on the boots. Lillian bought the boots. Unknown to both Lillian and Neil, these particular boots are generally not used for mountain climbing, but only for hiking on relatively flat ground. In fact, the manufacturer's catalog specifically points out that these boots are not particularly suitable for mountain climbing. Lillian used the boots to climb Mount Denali. They did not provide the necessary support for her ankles and Lillian was injured. The injury would not have occurred had Lillian been hiking on flat ground. Has Neil breached any express warranty? No, because Neil did not actually say anything about the boots. Yes. No, because mountain climbing is not the ordinary purpose for which these boots are normally used. No, because Neil did not know about the manufacturer's recommendation concerning the boots: A buyer breached a sales contract. The seller sued for the contract. Under this remedy, the seller: must give the buyer a security interest in the goods. has the right to resell the goods that are still in the seller's possession. must particularize. must tender delivery of the goods if the buyer pays the contract price. Anna Song issued the following instrument: This instrument: is not negotiable because it does not contain words of negotiability. is not negotiable because it is not payable at a determinable time. is not negotiable because it does not call for payment of a sum certain