Leavitt was interested in buying a new motor home. Among Leavitt's concerns when buying the new motor home was his intended use which was to travel extensively in mountainous areas. A somewhat informed consumer, he had rented a motor home that lacked sufficient engine and braking power to traverse the areas he intended to travel. If the engine and brakes are insufficient, the motor home cannot
maintain ordinary highway speeds going up steep hills and brakes are prone to overheating while going down the mountains. He visited several dealerships but bought one at the Monaco Coach Corporation. Almost immediately upon receiving the vehicle, Leavitt complained that his coach could not maintain ordinary highway speeds going up steep hills and that the brakes were prone to overheating while going downhill. Leavitt presented evidence that while shopping for his coach, he informed Monaco of his plans to use the coach extensively for travel in mountainous areas and of his wish to avoid problems he had experienced with rented vehicles that lacked sufficient engine and braking power. Monaco performed many warranty repairs and other service, but Leavitt ultimately concluded that the engine and brakes, as a matter of design, simply were not suitable for his needs, and he sued.Based on the facts above and assuming it can be proven, the best theory for the plaintiff and thus the most damaging for the defendant in this lawsuit would probably be:
a. negligence
b. implied warranty of merchantability
c. strict liability
d. implied warranty of fitness for particular purpose.
d
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