Ted Goes to His Neighbourhood Hardware Store and Asks for a Four-Foot

question 36

Multiple Choice

Ted goes to his neighbourhood hardware store and asks for a four-foot by eight-foot piece of plywood.He also requests that it be "thick and strong." Ted purchases the plywood and proceeds to use it as a makeshift bridge on his driveway over a small ditch.The first time he attempts to drive his tractor over the makeshift bridge,the plywood collapses,causing damage to the tractor.Ted's suit against the hardware store will

• A)succeed for breach of implied term of fitness because Ted specifically asked for the plywood to be "thick and strong."
• B)succeed because Ted has likely incurred consequential losses as well.
• C)fail because Ted did not expressly state the particular purpose for which he intended to use the plywood and therefore the hardware store did not breach any implied term of fitness.
• D)fail because there was no breach of the implied term as to description.
• E)succeed because the hardware store breached the implied term of merchantable quality by selling the plywood to Ted in these circumstances.

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Definitions:

Decline With Age

Refers to the natural decrease in physical, cognitive, and functional abilities as individuals become older.

Sensation Seeking

A personality trait characterized by a preference for experiences that are varied, novel, complex, and intense, and the willingness to take physical, social, legal, and financial risks for the sake of such experiences.

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