Question

Ralph Walters wanted to begin an exercise program and decided to enroll in a local aerobics class. He was told that he would need proper aerobic work-out shoes. Ralph went to an athletic shoe store and explained his needs to the sales clerk and also added that since he had never done aerobics, he was unsure what type of shoe he would need. The sales clerk recommended a shoe that Ralph purchased. When Ralph arrived at aerobics class, his instructor said his shoes were not appropriate for aerobics and that Ralph might injure himself if he used them for the workout. When Ralph returned to the store with the shoes, the store refused to exchange them, citing the three-day limitation on returns. The shoe store: a. is within its rights to refuse to take the shoes back. b. has breached the implied warranty of fitness for a particular purpose and is required to refund Ralph's money or exchange the shoes. c. has not breached any warranty since Ralph had no contract with any promises written in it. d. none of the above

Answer 1

Answer:

The shoe store b.) Has breached the implied warranty of fitness for a particular purpose and is required to refund Ralph's money or exchange the shoes.

Explanation:

In Contract law, an implied is a presumed assurance made in the sale of products or real property, due to the circumstances of the sale.  

These assurances are based on the interaction between the buyer and the seller characterized as warranties irrespective of whether the seller has expressly promised them orally or in writing.  

They include:

• An implied warranty of fitness for a particular purpose,

• An implied warranty of merchant-ability for products,

• An implied warranty of workmanlike quality for services, and  

• An implied warranty of habitability for a home.

An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose.

Answer 2

Answer:

The shoe store is within its rights to refuse to take the shoes back.

Explanation: If Charles had returned the shoe within the 3days of purchase the shoe store would have made an exchange for another shoe or refund His money.

.returning is the process of a customer taking previously purchased merchandise back to the retailer, and in turn, receiving a cash refund, exchange for another item (identical or different), or a store credit.

For example, You are entitled to either a refund, a repair or a replacement item if something you've bought turns out to be faulty, depending on when it was bought. "If you change your mind, however, you can only get a refund in certain circumstances - for example, if you bought it online and return it within 14 days.