Janique buys a used jungle gym that is described to be in "great condition" for her kids off of an online marketplace. Her youngest son hops on the swing and the seat gives out. What would best describe the issue here:

d. this fails the foreseeability test

c. purchased an unmerchantable jungle gym

b. common law tort of false light

a. fraud

Margie just bought her first home and being a new Humber College graduate wants to rent out the basement as she is just entering the job market and doesn't want to overextend herself financially. Margie hires a contractor off Kijiji that received 4.5 stars to convert the basement into a rental unit. On a mid-way point inspection, Margie discovers that the contractor, in an effort to be helpful, has installed the kitchen in a different location than agreed upon in the estimate as it "gets better light." While Margie would normally be grateful, the position of the kitchen infringes a by-law of the Residential Tenancies Act, making the unit an illegal dwelling. Which of the following is true:

d. this is a breach of the Competition Act

c. this is an example of the tort of deceit

b. this is a breach of condition

a. this is breach of warranty