Question
Best Movers Inc. operates a moving company and was hired by Mrs. Mursal to move her furnishings into an aparbuent in downtown Regina. While moving
Best Movers Inc. operates a moving company and was hired by Mrs. Mursal to move her furnishings into an aparbuent in downtown Regina. While moving the furniture into the suite, John Best, tl1e owner and operator of Best Movers Inc., noticed that Mrs. Mursal's sofa and chair were very worn and he told her that he could sell her a used couch and chair that he had received as payment from another customer for $225. Mrs. Mursal indicated she would need to see the furniture and ensure it was "comfortable" before agreeing to the sale. When she attended the warehouse, she found both pieces comfortable and paid Best Movers Inc., who delivered the furniture the next day. One week later, Mrs. Mursal invited her 12-year-old granddaughter over for a visit. The granddaughter slept on the sofa and, within a few days of arriving, developed hive-like welts across her back and on her arms. After it was determined that the welts were bed bug bites, Mrs. Mursal hired a fumigator who fumigated the sofa and chair and she has not had any problems since. She tried to return the furniture to Best Movers Inc., however, Mr. Best maintains that the furniture was sold "as is."
Does the Sale of Goods Act apply and, if so, what implied conditions or warranties might apply in this case?
What arguments might Best Movers Inc. advance in this case?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started