Question
Gary has bought an expensive pleasure boat from Bob, who is an experienced sailor and an expert in marine electronics. Before buying, Gary told Bob
Gary has bought an expensive pleasure boat from Bob, who is an experienced sailor and an expert in marine electronics. Before buying, Gary told Bob that it was essential to him that the boat's existing navigation equipment should be compatible with some other very expensive navigation equipment that Gary has already bought. Bob assures Gary that the equipment is compatible. This turns out to be wrong. When Gary tries to sue Bob for breach of contract, Bob argues that the agreement to sell - which is oral, not written - contains no promises about the compatibility of the navigation equipment. Despite what Bob says, is such a term likely to be incorporated?
Select one:
a.Yes, because it is in writing
b.Yes, because (i) Bob has specialist knowledge; and (ii) Gary made it clear that the compatibility of the equipment was very important to him
c.No, because Gary should have looked out for himself and made sure the promise was included in a written contract
d.No, because the agreement has been reduced to writing and the promise was not included
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