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Question 4 [25 marks! Sophia wanted to buy a new mattress for herself. She decided to shop at Seamy Mattress Specialist (SIMS) because she heard

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Question 4 [25 marks! Sophia wanted to buy a new mattress for herself. She decided to shop at Seamy Mattress Specialist (SIMS) because she heard that the sales staff at SMS were knowledgeable and iendly. At SMS she told Michael, the sales manager, that she had been having bad backaches and needed a fun; but comfortable mattress. Michael replied that their mattresses were all of the best quality and proceeded to show her the Seamy Posturecare Luxe Mattress. Ivchael took out a folder and showed Sophia a brochure for the Seamy Posturecare Lune IvIattress. He assured Sophia that the mattress was made of very good materials and that Sophia would be able to get a very good rest with it. He also emphasized to Sophia the words in the brochure, which described the mattress as being made 'om \"premium, eco-iendly materials withthe latest irmovation in coil technology and uncompromising in comfort.\" He then started, \"I guarantee your backaches would be cured after sleeping on our mattress for 2 weeks. Let me show you proof." He proceeded to show her a review written by a doctor on the benets of the Seamy Posturecare Luxe hiatu'ess for backaches. The review stated that the doctor tested the Seamy Posturecare Luxe Mattress on himself because he had chronic backaches. He found that his backaches disappeared after using the mattress for 2 weeks. As Sophia was quite desperate to get lid of her pain, she proceeded to order the mattress. It was delivered the next day. 3 weeks after using the mattress, Sophia found that her backaches did not improve but became worse. She saw a specialist and was told that one of the causes of the backaches might have been due to poor support while resting. Sophia had also found out that the review bythe doctor was in fact written by one of SMS' staH. Sophia approached you for advice. (a) Define vitiating factors and the eects vitiating factors may have on contracts. (4 marks} (b) Advise Sophia if she might have a course of action against SMS based on the precontractual statements that Michael had made or shown to Sophia. Support your answer with relevant case law. (16 marks) (c) State FIVE (5) situations where a party might be restiicted 'om rescinding a contract

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