Question 5 (15 marks)

Kitty went to a toy shop, SuperToy, to buy a birthday gift for her son, Johnny. In the shop, Kitty expressly told the salesperson that she would like to buy a gift for a 2-year old child. The salesperson then recommended her a robot, which could walk and talk. A few days later, Johnny put a small component of the robot in his nose and was injured. Kitty then discovered in the robots user manual that the toy was only suitable for children over the age of 10.

Required:

Advise Kitty whether she has the right to claim against SuperToy for breach of any implied term of the Sale of Goods Ordinance (Cap. 26). You are required to cite a relevant case in your explanation. (15 marks)