Question 5 (20 marks)

Thomas had recently twisted his ankle in a basketball match. While recovering, the doctor advised that he had to wear shoes with tailor-made cushioning or insole to protect his foot. Thomas went to a footwear store Super Shoes to buy a pair of running shoes. On the shoe rack he saw a latest arrival named Thunder Speed. His favorite basketball player Jack Dickon acted as the brand ambassador for Thunder Speed. Being fascinated by the stylish design of the shoes and Jack being the ambassador, Thomas had soon forgotten about the doctors reminder. He took out his credit card and placed order for a pair of Thunder Speed shoes immediately. Last Saturday, Thomas had worn Thunder Speed in a running exercise. Unfortunately, the wound of his ankle worsened just after he started to run fast. Thomas was in a severe pain and could hardly walk. He had to bandage up his foot and use a wheelchair for one month. It was later found that Thunder Speed was not recommended for people with an injured ankle.

Required:

(a) Advise whether Thomas has the right to claim against Super Shoes for breach of the implied term as to fitness for a particular purpose under s16(3) of the Sale of Goods Ordinance (Cap. 26). You are required to cite a relevant case to support your answer. (12 marks)

(b) Suppose when Thomas placed the order for Thunder Speed, Super Shoes had made known to Thomas that the shoes were out of stock and the shop promised and was legally bound to deliver the shoes to Thomas within one week. However, the shoes did not arrive within one week due to a delay in shipment. Advise whether Thomas was entitled to cancel the order for the shoes and demand a refund. (3 marks)

(c) The Sale of Goods Ordinance is an example of a statute law. Explain the meaning of statute law and the advantages of having statute law over common law and equity. (5 marks)