A is corrent. Under the stated facts, Wally is creating the implied warranty of fitness for a particular purpose. This warranty is created when the seller (merchant or nonmerchant) has reason to know the buyer’s particular purpose and knows the buyer is relying on the seller’s judgment to provide appropriate goods. This warranty guarantees the goods are fit for the buyer’s particular purpose. It is the implied warranty of merchantability that guarantees the goods are of an average fair quality and are fit for ordinary purposes, but Wally did not create this warranty since he is not a merchant-seller. Since the warranty of fitness for a particular purpose is an implied warranty, there is no requirement that it be in writing.
B is incorrect. It is implied warranty of merchantability that guarantees the goods are of an average fair quality and are fit for ordinary purposes, but Wally did not create this warranty since he is not a merchant-seller.
C is incorrect. Under the stated facts, Wally is creating the implied warranty of fitness for a particular purpose. This warranty is created when the seller (merchant or nonmerchant) has reason to know the buyer’s particular purpose and knows the buyer is relying on the seller’s judgment to provide appropriate goods. This warranty guarantees the goods are fit for the buyer’s particular purpose. It is the implied warranty of merchantability that guarantees the goods are of an average fair quality and are fit for ordinary purposes, but Wally did not create this warranty since he is not a merchant-seller.
D is incorrect. Since the warranty of fitness for a particular purpose is an implied warranty, there is no requirement that it be in writing.
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