Discuss implied warranty of merchantability to the buyer


Problem: Smith operates Smith's Sports Memorabilia Shop which sells sports professional team logo clothing and signed pictures of players. Smith's son has outgrown his bicycle, so Smith brings the bike to his shop and sells it. Has Smith given an implied warranty of merchantability to the buyer? Question options: 1) yes, because the implied warranty of merchantability arises automatically. 2) yes, but only if the buyer asks about it, and Smith makes an affirmation. 3) no, because Smith is not a merchant of bicycles and therefore the warranty does not arise.

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