Slipstream Bought a New Lawnmower for Mowing His Own Yard

Multiple Choice

Slipstream bought a new lawnmower for mowing his own yard at home from Mulcher Mowers Ltd., a lawn and garden tools dealer in Moose Jaw. Unfortunately, while there were no major defects with the machine, a number of small things kept going wrong: the blade kept going out of adjustment, the starter rope broke twice, a wheel fell off, the handle loosened and wobbled, and the machine stalled in heavy grass. During the summer, Slipstream had it repaired six times. These small annoyances continued and finally, in disgust, he returned the mower to Mulcher. However, Mulcher's manager (a university graduate) pointed out to Slipstream that their contract contained a very extensive exemption clause excluding "all conditions or warranties, express or implied, statutory or otherwise," and refused to accept the mower back or to return Slipstream's money. Slipstream commenced legal action. Which of the following statements best describes Slipstream's legal situation?

A) The Sale of Goods Act prohibits the use of such exclusion clauses generally.
B) Such clauses are always effective just as long as the two parties have agreed to their inclusion in the contract.
C) Such clauses are only effective when there is a breach of the fundamental term of the contract, which is likely not the case here because the defects were all minor.
D) All such exclusion clauses are void.
E) In a sale of new goods by a dealer to a private consumer for his own use, legislation prohibits the seller from excluding these basic warranties with respect to fitness and quality.