Janelle owns a boat that she wishes to sell. She puts up an advertisement for the boat, which is picked up by John. John contacts Janelle and after much negotiation and discussion, John and Janelle enter into an agreement for the sale of the boat. After they sign the contract, John rings Janelle, and asks about the size of the boat. Janelle informs him that the boat is 40 feet long. When the boat is delivered, John notices it is only 38 feet long. Has Janelle breached the contract with John?

A) No, because past consideration is not good consideration. Applying Roscorla v Thomas, there was no consideration for the promise that boat was 40 feet long.

B) Yes, a term of the contract was that the boat was 40 feet long. As the boat was only 38 feet long, Janelle has breached the contract.

C) Yes, Janelle owes a duty of care to John.

D) No, as the agreement was not in writing it is not binding on John or Janelle .