Joe has several potential legal paths to pursue remedies from Earth Movers due to the issues with the Dingo K9-3 mini-loader not performing as expected in excavating stiff clay. Here are the legal avenues Joe might consider: Misrepresentation: The sales manager's assertion that the Dingo K9-3 would cut through stiff clay "like a hot knife through butter" could be considered a misrepresentation if it influenced Joe's decision to purchase the mini-loader. Joe can argue that he relied on this statement, which turned out to be false, when deciding to buy the equipment. If the court finds this to be a misrepresentation, Joe could seek to rescind the contract and get a refund. Breach of Contract: Although the written contract does not explicitly mention the mini-loader's capability to handle stiff clay, the verbal assurance from the sales manager might be considered by a court as an express term of the contract. If it's determined that this assurance was a term of the contract, Joe could claim a breach of contract due to the equipment's failure to perform as promised. Consumer Protection Laws: Depending on the jurisdiction, consumer protection laws might provide Joe with a remedy. These laws often include provisions for goods to be of satisfactory quality and fit for the purpose made known by the buyer. Joe could argue that the mini-loader was not fit for the specific purpose of excavating stiff clay, as was discussed with the sales manager. Australian Consumer Law (ACL): Under