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The information of my question PLEASE READ THE FACTS TO ADDRESS THE QUESTIONS BELOW The manager of Horses-R-US, Rick, and a customer, Summer, are having

The information of my question

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PLEASE READ THE FACTS TO ADDRESS THE QUESTIONS BELOW The manager of Horses-R-US, Rick, and a customer, Summer, are having a dispute regarding the purchase of a horse called Morty and have come to you for advice. Summer claims her contract with Rick was breached because before purchasing Morty, Rick assured her that Morty \"has a very calm demeanour" and "is the nicest horse I've taken care ofl." She was persuaded to purchase the horse because of his guarantees. Morty however turned out to be extremely violent and severely injured a horse rider. Rick argues the signed contract protects him because whatever guarantees he made is not in the written agreement so could not have breached the contract. He shows you the contract which contains the following terms: CONTRACT OF SALE This agreement is made the 15' day of April 2021 between PARTIES RICK of the one part and SUMMER of the other part WHEREAS Rick wished to sell. and Summer wished to buy the horse called \"Morty\Advise Summer (the plaintiff): (3) Whether the following representations are express terms: 0 The 'terms' in the signed agreement; and o Rick's (the defendant) oralr statements (b) Whether the plaintiff can successfully take an action for breach of the defendant's oral representations under common law contracts? (8 + 2 =10 marks) Advise the plaintiff, under the ACL statutory guarantees: (a) Whether the contract is covered under the AOL and (b) Whether any consumer guarantees were breached (c) Whether the NO REFUND exemption clause in clause 9 is effective (4+4+2= 10 marks) Advise the plaintiff of the elements that need to be satised to act against the defendant for the untrue statements under the ACL

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