Susan Luckman decided to change her car and decided to purchase a white 2013Toyota Corolla from Brice Used Car Dealers. Two weeks later, Susan went to pick up her new car and discovered that the windshield wipers and lights were not working properly
Susan refused to accept the car and pay the remainder of the agreed purchase price. Which of the following statements is TRUE?
A) Susan must accept the car but can claim against Brice for the cost of the necessary repairs.
B) Brice breached a warranty of the contract and as such Susan has the right to terminate the contract and obtain a refund of the monies already paid.
C) Brice breached a condition of the contract and as such Susan will be entitled to terminate it and obtain a refund of the monies paid.
D) Brice has fundamentally breached the contract and Susan can seek punitive damages
E) Susan will be obliged to accept the car and pay the remainder of the price as the contract was substantively performed by Brice.
A
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