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Question
Joe is going on a "survival hike" in the desert. He goes to a sporting goods store, describes the hike, and asks the salesman to select suitable hiking boots for him. The boots the salesman suggests are well made and are appropriate for normal hiking, but are not suitable for Joe's planned ordeal. Relying on the salesman's selection, Joe buys the boots. After he suffers personal injury because the boots prove inadequate for the survival hike, Joe sues the store. Joe can recover under:
A. the implied warranty of merchantability.
B. the implied warranty of fitness.
C. both the implied warranty of fitness and the implied warranty of merchantability.
D. Joe cannot sue for breach because it was his responsibility to select the boots.
Answer
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