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

Question

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.In order to establish an implied warranty of fitness for particular purpose Leavitt must prove.
a. He told the Monaco Coach Corporation about his intended use.
b. Monaco Coach Corporation is a merchant.
c. The Motor Coach he purchased cannot maintain 50 miles an hour at elevations of 10,000 feet above sea level.
d. The Motor Coach purchased was new not used.

Answer 1

a