Question

Palmer goes to a truck dealership and asks for a truck capable of handling a 5000-pound load.He makes it clear that it is up to the salesman to select an appropriate truck.Without saying anything about the truck's load-carrying capacity,the salesman selects a certain truck for Palmer.Relying on the salesman's choice,Palmer buys the truck in question.However,the truck can only handle a 2500-pound load.Palmer wants to sue the dealership because he didn't get the truck he desired.Which of the following product liability theories gives Palmer his best chance of recovery?
A) Express warranty
B) Implied warranty of fitness
C) Implied warranty of merchantability
D) Section 402A

Answer 1

Answer:

Correct Answer:

B) Implied warranty of fitness

Explanation:

A products liability claim normally involves injury or damage caused by a defective product. Proving the claim usually involves one or more of three basic theories of liability: negligence, breach of contract/warranty, and strict liability.

Since there was a bridge of warranty by the truck dealership despite Palmer demanding the best truck, he would be able to sue the dealership under implied warranty of fitness.