Question
Betty wants to buy a new electrical rice cooker to replace the one that has been in use for 10 years. On Sunday, Betty went
Betty wants to buy a new electrical rice cooker to replace the one that has been in use for 10 years.
On Sunday, Betty went into Fung Chat Electrical Appliances Store ("Fung Chat") and told a shop representative that she was looking for a good-quality, large capacity and multipurpose rice cooker. The shop representative then recommended a digital rice cooker to Betty because it can cook 10 cups of rice and steam vegetables and meat while rice cooks. Moreover, the glass lid of the rice cooker enables Betty to monitor the progress of rice cooking. Betty was happy with the said features and decided to buy it.
On the same evening, Betty's family and relatives came to Betty's home for dinner. Betty took out the newly purchased rice cooker and started using it. When she put the rice into the rice cooker, it was found that the maximum capacity of the rice cooker was 9 cups of rice, but not 10 cups of rice. Furthermore, when she was preparing for the dinner, the glass had come out from the glass lid of the rice cooker and fallen on the floor. Betty's feet were injured by the broken glass. She was admitted into the hospital and incurred medical expense of $1,000.
Betty was furious. She wanted to reject the rice cooker and claim the medical expense from Fung Chat.
Required:
In the context of Sales of Goods Ordinance (Cap 26), advise Fung Chat whether it has breached any implied term(s) and thus Betty could reject goods, get refund, and claim medical expense.
(17 marks)
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