Brian Pinsent Was a Fisherman on the West Coast

Multiple Choice

Brian Pinsent was a fisherman on the West Coast. As a sideline, he repaired and sold used small boat engines. (He only sold three or four a year) . His friend Jocko Stubbs purchased an engine from Brian, which Brian described as "ship shape", although he admitted it was 20 years old. Jocko wanted to use the engine to operate his tractor trailer, although he didn't tell Brian that. After the engine broke down, Brian would not take it back or repair it, so Jocko sued, relying on the B.C. sale of Goods Act. Which of the following statement is true?

A) Jocko could not rely on s. 18(a) of the Act because Brian was not in the business of selling engines.
B) Jocko could not rely on s. 18(b) of the Act because he did not tell Brian the intended use of the engine.
C) There was a breach of the implied condition of merchantability.
D) There was a breach of the implied condition of fitness for use.
E) Both A and B