Hikari owned a used car lot. In November she went to a snow blower dealership and told the salesperson that she required a snow blower that would be able to remove the snow from her outside display lot 5 meters by 10 meters in size in a half-hour
This salesperson recommended the "Maxim II" which sold for $1,800. In December Hikari used the snow blower three times to remove normal amounts of snow for that month. The snow blower, operating at maximum speed, took approximately 50 to 60 minutes to remove the snow from the lot. Which of the following best describes Hikari's position at law?
A) There has been a breach of warranty under the Sale of Goods Act and she can claim damages only.
B) There has been a breach of condition under the Sale of Goods Act and Hikari can cancel the contract.
C) The court will decide whether the snow blower's failure to clear the lot in 30 minutes is a condition or a warranty.
D) Because the parties did not specify whether this was to be a condition or warranty, the courts will make that decision.
E) Since this was a sale of a brand name item, Hikari has no recourse against the dealership.
B
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