Noel owns and operates a new and second hand timber and furniture shop. Last week Joseph entered Noel's shop to purchase a number of items for his newly acquired home. Joseph selected (purchased) some wooden shelving for his garage, and he ordered eight Jarrah (hardwood) posts to erect a shade house (20 x 20 x 300 cm) as advertised in Noel's catalogue. Joseph also intended to purchase some firewood to heat up his house, but Noel was out of stock due to the high demand during the cold winter months. Joseph then noticed a large stack of second hand picket fences (covered in blistering white paint) for $ 50 per tonne. He asked Noel whether the picket fencing was suitable for use as firewood, and Noel replied "by all means, it's the best you can get mate".

When the courier delivered Joseph's order, Joseph was horrified to find out that the shelves were termite-infested, the posts for the shade house were 20 cm too short, made out of pine and painted pink. Furthermore, the picket fencing was coated in lead paint, which emits toxic fumes once exposed to high temperatures. 98

Discuss the provisions governing implied terms and determine whether Noel has breached the contract with Joseph.