You are required to answer part A and B.
2a) Using case law explain why attributes of quality of the goods may not necessarily relate to the description of those goods?
2b) Sarah and James Smith run a bed and breakfast from their home and need to buy a large capacity washing machine. They visit the local appliance store Talford’s and ask Harry the sales assistant for advice. Sarah tells Harry that they need a machine that can hold up to 12kg loads. She further stipulates that she would like a machine that is ecologically friendly and that will be able to do a wash at 15 degrees Celsius on a quick wash cycle. Lastly Sarah requests that the machine have a reduced noise and vibration feature as otherwise it could disturb the guests. Harry recommends the Suds 2000 telling Sarah and James that is can meet all their needs and more.
After using the machine for two weeks it transpires that the machine cannot get stains out at 15 degrees Celsius unless it is on an extended wash cycle. Further the machine makes so much noise that guests begin to complain and Sarah ruins several linens as the machine can only hold up to 9kgs.
She telephones the customer services at Telford’s department store to demand a refund however is told that a refund, exchange or any other remedy is not possible as her contract of sale excludes liability for any defects relating to the quality and condition of the goods.
Advise Sarah