Boat Tow. Donnie went to a new car dealership and told the salesperson (who was not the manager) that he needed a new car that would both get good gas mileage and pull his big boat. The salesperson encouraged him to buy a smaller car that the salesperson promised would pull the boat. Donnie bought the car and used it to pull the boat. Unfortunately, the heavy pull on the car did significant damage to the car's engine. Donnie complained to the salesperson, who denied any liability. Donnie, who had taken half-a-semester of business law, informed the salesperson that along with the sale of the car he also received an express warranty and an implied warranty of merchantability, and that he could recover under either of those theories. Is Donnie correct that the car was sold with an implied warranty of merchantability?
1) No, because the implied warranty of merchantability guaranteed that the car would be fit for the ordinary purposes for which it is used. Pulling a boat is not an ordinary purpose for a small car.
2) Yes, because Donnie informed the salesperson about the need for the car to pull the boat.
3) Yes, because the salesperson told Donnie that the car would pull the boat.
4) No, because of the lack of an implied warranty of fitness for a particular purpose.
5) No, because there was no warranty of merchantability.