Sal Was at Home Going Through His Normal Workout When

question 53

Multiple Choice

Sal was at home going through his normal workout when he bent his barbell bar. Sal is a professional bodybuilder. Sal went to his local sporting-goods store and was approached by a clerk wishing to assist him. Sal told the clerk about his problem and the clerk asked Sal to wait while an appropriate bar was located. The clerk presented Sal with a bar that the clerk said "is just what you need for your type of weight requirements." Sal paid for the bar and was returning home when he stopped at a health food restaurant. The drink that he ordered had an unusual taste, but the food establishment refused a refund. Sal became ill from the drink, which, as it turned out, had a toxic substance in it. Sal had to be hospitalized. When Sal was able to work out again, he attached the weights to the new bar and lifted the bar under his chin. The bar snapped in the middle and severely cut Sal. Sal is angry about the drink and the barbell. ​
With regard to the barbell bar:

• A) Sal is not entitled to any recovery for his injury or the broken second barbell because he did not buy all of the components, including the weights, from the same store.
• B) Sal is not entitled to any recovery for his injury or the broken second barbell because he is knowledgeable himself in weightlifting and should have known which barbell to use.
• C) Sal is entitled to recovery because there has been a breach of an express warranty.
• D) Sal is entitled to recovery because of the warranty of fitness for a particular purpose.

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Definitions:

Infringement

The action of violating someone's rights or the breach of a law or agreement.

Fanciful Trade Name

A brand name that is invented and bears no connection to the actual product or service, often created for distinctiveness.

Trademark Law

A section of law that governs the use of trademarks, ensuring that companies can protect their brand identity and consumers can distinguish between products and services.

Business Processes

Business processes are a series of steps performed by a group of stakeholders to achieve a concrete goal, typically involving how work is planned, executed, monitored, and optimized within a company.