Question
Danny buys a pet dog Spanner from Clem for $600 after answering an online add in which Spanner is described as 6 years old, toilet
Danny buys a pet dog "Spanner" from Clem for $600 after answering an online add in which "Spanner" is described as 6 years old, toilet trained and 40 kg.
Clem brings "Spanner" to Danny's house. Danny gives Clem the $600.
As Clem is walking away he says to Danny "I hope you enjoy Spanner. I promise he is a very gentle and friendly dog"
Two weeks later "Spanner" bites the postman on the leg.
Advise Danny
a)Can Danny return "Spanner" to Clem and claim a breach of contract as he is not a gentle dog as Clem said?
b)Are there any cases that assist your arguments?
c)Is there anything that Danny could have done to make Clem's promise about the gentleness of "Spanner" be an enforceable term of the contract?
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