"Warranties.Harold Moore bought a barrel-racing horse named Clear Boggy for $100,000 for his daugh-ter. The seller was Betty Roper, who appraises barrel-racing horses. (Barrel racing is a rodeo event in which a horse and rider attempt to complete a cloverleaf pattern around preset barrels in the fastest time.) Clear Boggy was promoted for sale as a competitive barrel-racing horse. On inquiry, Roper repre-sented that Clear Boggy did not have any performance issues or medical problems, and that the only medications the horse had been given were hock injections, a common treatment.Shortly after the purchase, Clear Boggy began exhibiting significant performance problems, including nervousness, unwillingness to practice, and stalling during runs. Roper then disclosed that the horse had been given shoulder injec-tions prior to the sale and had previously stalled in competi-tion. Moore took the horse to a veterinarian and discovered that it suffered from arthritis, impinged vertebrae, front-left-foot problems, and a right-hind-leg fracture. The vet recom-mended, and Moore paid for, surgery to repair the leg fracture, but Clear Boggy remained unfit for competition. Moore also discovered that the horse had been scratched from a com-petition prior to the sale because it was injured. Can Moore prevail in a lawsuit against Roper for breach of the implied warranty of fitness for a particular purpose? Why or why not?"
"Warranties.Harold Moore bought a barrel-racing horse named Clear Boggy for $100,000 for his daugh-ter. The seller was Betty Roper, who appraises barrel-racing horses. (Barrel racing is a rodeo event in which a horse and rider attempt to complete a cloverleaf pattern around preset barrels in the fastest time.) Clear Boggy was promoted for sale as a competitive barrel-racing horse. On inquiry, Roper repre-sented that Clear Boggy did not have any performance issues or medical problems, and that the only medications the horse had been given were hock injections, a common treatment.Shortly after the purchase, Clear Boggy began exhibiting significant performance problems, including nervousness, unwillingness to practice, and stalling during runs. Roper then disclosed that the horse had been given shoulder injec-tions prior to the sale and had previously stalled in competi-tion. Moore took the horse to a veterinarian and discovered that it suffered from arthritis, impinged vertebrae, front-left-foot problems, and a right-hind-leg fracture. The vet recom-mended, and Moore paid for, surgery to repair the leg fracture, but Clear Boggy remained unfit for competition. Moore also discovered that the horse had been scratched from a com-petition prior to the sale because it was injured. Can Moore prevail in a lawsuit against Roper for breach of the implied warranty of fitness for a particular purpose? Why or why not?"
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