Question

Norwich takes delivery of an expensive chain saw that is badly scratched, though the defect does not affect the operation of the saw in any way. Norwich does not want to bother having the saw replaced, so he phones the store to say he will keep it, but is deducting $20 from the payment because of the defect. If the store objects, which of the following is Norwich legally entitled to do:

	A.	Norwich can still deduct the money, regardless of the objection; the seller has clearly breached the contract.
	B.	Norwich cannot deduct the money if the seller objects though he can sue for damages if the seller refuses to fix the problem.
	C.	Even if the seller refuses to cure the defect, Norwich has no real recourse open at this point; he can neither deduct the money not sue.
	D.	Norwich cannot do any of the above.

Answer 1

Option (B) is correct. Norwich cannot deduct the money if the seller objects though he can sue for damages if the seller refuses to fix the problem. Norwich has suffered from the damage hence can sue for the breach of warranty.

Option (A) is incorrect. Norwich cannot deduct the money if the seller objects.

Option (C) is incorrect. If the seller refuses to cure the defect, he cannot deduct money but can sue the buyer for the damages.

Option (D) is incorrect.

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