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Samuel went to a caravan dealer in his local area and said that he wanted a caravan for an extended trip. The caravan dealer recommended

  1. Samuel went to a caravan dealer in his local area and said that he wanted a caravan for an extended trip. The caravan dealer recommended a particular type of caravan and Samuel bought it and commenced his extended trip. After a day or so, Samuel hit a pothole on the highway, and the axle broke. It was discovered that the caravan was not designed for rough roads or in fact extended trip and was really only designed to be parked in an actual caravan park where it would have been stationary for most of the time. Samuel had to have the caravan towed at great expense and he arranged to have it returned to the caravan dealer. Discuss giving reasons and any remedies that Samuel can obtain against the dealer as a consumer under general sale of good legislation.
  2. The seller has remedies under sales of goods legislation against the buyer, and conversely the buyer also has certain remedies?
  3. In what cases must a buyer treat a breach of condition as a breach of warranty?
  4. Under what circumstances can the implied conditions and warranties contained within consumer protection legislation be limited or excluded?
  5. When does the implied condition as to fitness for specific purpose do not apply?
  6. Differentiate between a sale and an agreement to seel and when title to the goods passes in each case.
  7. What does it mean to say that implied terms are non-excludable?
  8. In the context of sale of goods legislation, distinguish between a 'sale' and an 'agreement to sell'.
  9. Who is an unpaid seller? Briefly explain.
  10. What is the legislature's rationale for implying certain terms into contracts for the sale of goods? Do you agree with this rationale?

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