Under the UCC Sales Article, an action for breach of the
implied warranty of merchantability by a party who sustains personal
injuries may be successful against the seller of the product
only when

(a) The implied warranty of merchantability applies
only when the seller is a merchant with respect to the type of
goods being sold. The seller must be a merchant in order for the
buyer to successfully sue under this warranty. Answer (b) is incorrect
because the buyer does not have to prove negligence to
be able to recover under this implied warranty. Answer (c) is
incorrect because the implied warranty of merchantability extends
to parties other than the purchaser even without privity of
contract. Answer (d) is incorrect because an action for a breach
based on the warranty of merchantability would not depend on
the outcome of an action based on strict liability.