Question
One day, Brian went to Roll Safety Store and wanted to purchase a roller skateboard as birthday gift for his 10 years old son. The
One day, Brian went to Roll Safety Store and wanted to purchase a roller skateboard as birthday gift for his 10 years old son. The salesperson of Roll Safety Store highly recommended a new flashing model of skateboard suitable for children ranging from 8 to 11 years old and its maximum load was 50 kilograms. In the process of placing his order, Brian did not mention that his son weighted 70 kilograms who was far heavier than a normal child at that age. Brian bought the skateboard and his son played on it immediately. Shortly, the skateboard bent and was ruined because it failed to support the son's bodyweight. Both the father and the son were terribly disappointed and Brian considered making a claim from Roll Safety Store.
Questions:
(a) Advise Brian whether he has the legal right to claim from Roll Safety Store for breach of any implied term(s) of the Sale of Goods Ordinance (Cap. 26). You are required to cite a relevant case to support your answer.
(b) Irrespective of your answer in 5(a) above, Brian wants to claim compensation amount to HK$3,000 from Roll Safety Store for the broken skateboard. State whether the case involves criminal law or civil law. Which court or tribunal will hear Brian's case? Explain.
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