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Marky entered into a written contract with Joey for the purchase of a pinball machine. Marky signed the contract without reading it. The contract includes
Marky entered into a written contract with Joey for the purchase of a pinball machine. Marky signed the contract without reading it. The contract includes the following provision: This agreement contains all the terms and conditions under which I agree to purchase the machine specified above and any express or implied condition, statement or warranty, statutory or otherwise, not stated herein is hereby excluded. Joey was in the business of selling pinball machines. When Marky took the machine home he realized it didn't work and all the electronic components had corroded. Based on the following information, which of the following is correct: A) Based on what was said by the court in L'Estrange v Graucob [1934] 2 KB 394, this term would not be binding on Marky because he did not read the terms of the contract prior to signing it. B) Marky could sue Joey for damages because Joey has breached the implied term in the Sales of Goods Act that goods must be fit for the purpose. C) Marky could sue Joey for damages because Joey has breached the implied term in the Sales of Goods Act that goods must be of merchantable quality. D) If Joey breached the contract, Marky could sue him and potentially get damages. E) Both b. and c. are correct
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