Question 1

Vinny runs an education college for students in Samoa. He needs four new computer data projectors, so he visits a data projector store in Aipa called ProjectIt to look at their range of data projectors.When he gets there he explains to the sales assistant that he needs data projectors that are very bright and can show presentations clearly on projector screens. The sales assistant showed him two different projectors; the USP 100 and the LifesGoodWhenThingsWork 22. The sales assistant said both projectors would work perfectly and show presentations very clearly.

"Are you certain about that?" asked Vinny, "Because I need to be able to project presentations on a screen so that the students can read them. If they can't do that they will be useless." Again, the sales assistant told Vinny that either of the two projectors would do the job.

Happy with the assistant's reassurance, Vinny signed a contract for two of each brand at a total cost of 200,000 tala and paid for the equipment with his credit card. There is nothing in the written contract about how bright the projectors are or whether they will show presentations clearly on projector screens.

Vinny took the projectors back to his workplace and discovered that none of the four projectors were bright enough to be of any use. No students can see anything on the screen. The problems with the projectors have meant Vinny has lost several students and his profit will suffer significantly.

Advise Vinny as to whether the statements made by the sales assistant will be a term of the contract or not.