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Question
Steve weighs 465 pounds and looks like it. Steve goes to a store and says that he would like to buy a hammock suitable for someone like himself to sleep in. He makes it clear that it is up to the salesman to select a suitable hammock. The salesman selects a hammock that is perfectly suitable for a normally-sized person but that cannot support someone of Steve's weight. Relying on the salesman's recommendation, Steve buys the hammock. After he is injured when the hammock collapses because it cannot bear his weight, Steve sues the store. Can Steve recover under the implied warranty of merchantability? Assume that the store is a merchant with respect to hammocks.
Answer
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