Question
Mark needed a new air conditioner for his house. He found the brand he wanted for the price he could afford at Jack's Heating and
Mark needed a new air conditioner for his house. He found the brand he wanted for the price he could afford at Jack's Heating and Air. Mark was not interested in getting help from the salesman at Jack's and he refused to take his advice on what size AC unit he needed for his house. Instead he bought the unit he had picked out on his own. The AC unit worked great, and kept most of the house cool, but it did not cool all of his house because the unit was too small for the size of his house. Mark sued Jack's Heating and Air for breach of the implied warranty of merchantability and for breach of the implied warranty of fitness. Will Mark win his claim against Jack's on either of the breach of warranty claims? Your answer must explain what each of the implied warranties mean, and analyze each separately as far as Mark's likelihood to succeed against Jack's Heating and Air.
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