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Brent Cook Owns and Operates a Farm Supply Store Selling

Question 38

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Brent Cook owns and operates a farm supply store selling feed and hardware for the farm.
a. Mary Martin wants to buy a type of mink feed which must be ordered from Regina. Brent has a sample which he shows Mary. What rights does Mary have before she is bound to accept the feed when it arrives at Brent's store and under what circumstances can she reject the goods?
b. Donald Jones enters the store and buys 50 feet of marine rope used primarily by water skiers. The rope breaks while being used by Donald to raise bales of hay from a truck to the hay loft of Donald's barn. The bales fell onto the truck, damaging it and injuring Donald who is sitting in the cab. Donald sues Brent on the basis of breach of implied condition of fitness for the rope. What must Donald establish in order to be successful? What defences does Brent have? What is the likely outcome?

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(a) When goods are sold by sample Mary i...

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