Question
Buddy is a builder and goes to the Scraper Excavator Sales Ltd. (Scraper) in Kamloops to purchase a new excavator. Buddy explains to the salesperson
Buddy is a builder and goes to the Scraper Excavator Sales Ltd. ("Scraper") in Kamloops to purchase a new excavator. Buddy explains to the salesperson ("Claude") that he needs an excavator capable of reaching down at least 4 meters from the surface because he often has to dig deep foundation trenches as part of his building projects. This specification is crucial for Buddy.Claude recommends to Buddy that he purchase a "Deep Reach" model "X4" as that will be sure to do the job. Buddy buys the excavator and takes it to his job site. The excavator only reaches 3 meters into the ground and is completely unsuitable for Buddy's construction project. Buddy's crew is unable to start construction of a new project on time and Buddy has to pay his workers because he called them out to work. Buddy says that Claude (and therefore Scraper) made a "misrepresentation" to him. Explain how these facts support an allegation of a misrepresentation What sort of misrepresentation would Buddy claim and what are Buddy's possible remedies? Type of misrepresentation is: Possible remedies for this type of misrepresentation are:
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