Edward goes to his neighbourhood hardware store and asks for a six-foot by two-foot piece of plywood. He also requests that it be "sturdy." Edward purchases the plywood and proceeds to use it as a makeshift bridge for his dog, a one-hundred-pound black lab, to cross over a small ditch in the back yard. The first time his lab attempts to cross the bridge, it breaks and the dog falls, fracturing a bone in his leg. Edward's suit against the hardware store for the veterinarian bills will:
◦ succeed because the hardware store breached the implied term of merchantable quality by selling the plywood to Edward in these circumstances.
◦ fail because Edward 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.
◦ succeed for breach of implied term of fitness because Edward specifically asked for the plywood to be "sturdy."
◦ fail because there was no breach of the implied term as to description.
◦ succeed because of consumer protection legislation.
Right Foot
Right foot from the dorsal aspect
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