Question

Wanda Workout stopped at the local store to purchase a drink after her strenuous jog that morning. She purchased a large drink from Kelly. An hour later, Wanda did not feel well and started to get sick. She ended up in the hospital because she could not hold anything down. She learned that there had been some toxic chemicals in the drink causing her to be sick
Wanda's best theory for breach of implied warranty is
a. warranty of fitness for normal use
b. warranty of encumbrances
c. warranty of infringement
d. warranty of title
e. warranty of fitness for particular purpose

Answer 1

Answer:

Warranty of fitness for particular purpose.

Explanation:

Under the principle of implied warranty, products must be fit for the particular use for which they are intended. What does one do with a drink other than drink it ? Therefore, there was no need for Wanda to inform Kelly about the purpose, as Kelly is aware of the purpose for which Wanda wants the product.

Hence, it is seller Kelly's duty to ensure that the goods are suitable for that purpose.In other words, there was an implied warranty that the drink was fit to be consumed.