Question

Business Law

When the Behiels bought flooring from Primco they informed the salesman, Lee, that they had young children and needed a product that would resist scratching, be durable, and be pleasing to the eye. he recommended the product ultimately purchased, stating it would meet or exceed those requirements. in fact the floor was seriously scratched when furniture was moved on it. the Behiels complained and, when the supplier and manufacturer would do nothing, brought this action
What would be the likelihood of success of this action? Note that this action was brought in Saskatchewan where there is a sale of goods act and a consumer protection act.

Answer 1

In this case, both supplier (sales man-Lee in this case) & Buyer (Behiels in this case) has entered in to a Contract in the name of Sale-Buy.

If either of the party not meeting the requirement or satisfied, would results a breach of contract under the Sale of Goods act, 1930. This act explains what type of action will take in breach of Contact.

In Given case, Buyer purchased product from sales man, after using the product only buyer came to know that it is not meeting his requirements.

As per sale of goods act, Buyer can seek damages for Breach of warranty or breach of specific performance of the contract.

Behiels can sue sales man-Lee for damages for breach of Specific performance