Paige and Eve are best friends. Eve's primary hobby is
building and
repairing computers, and she has a lot of spare computers in
her
workshop. One day, Paige requires a computer with the capability
of
processing a large amount of data in a short period of time.
Paige visits her friend Eve and says, "I need a computer that can
process
large quantities of data, and fast! I don't know much about
computers.
Can I buy one of yours from you?"
Eve replies, "I don't normally sell my computers. Building
computers is
just a hobby, so I prefer to play with them. But because you're my
friend,
I'll sell you this Acer computer for cheap. It should do the job
you're
looking for."
Paige bought the Acer computer. Later, she discovers that the
computer
is unsuitable for the job she was trying to do.
Is there an implied condition of merchantable quality in the
contract?
Canadian business law
Yes there is a breach of the implied condition of merchantable quality in the contract. In this case , the term implied into contract is by the sale of good act which arise where the buyer by implication or by expression tells the seller why they are buying the good (computer in this case ) and the Paige is totally relying on the Eve or seller skill or judgement as Paige dont have any prior knwledge but he want the computer for his data work .Now in this situation there is a implied condition that goods or computer should reasonably fit the purpose which i disclosed by the buyer (PAIGE) but when he get home and worked found that it dont fit the job and is not suitable which is where the breach happened and paige has the right to seek remedial action and to claim a computer which fits the paige for its jobs or purpose .
Have a good day !
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