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Time Left:1:55:56 Tufazzul Hoque Bhuiyan: Attempt 1 Kennedy, a farmer, once every few years would fix up old tractors and sell them to other farmers

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Time Left:1:55:56 Tufazzul Hoque Bhuiyan: Attempt 1 Kennedy, a farmer, once every few years would fix up old tractors and sell them to other farmers in the area. He fixed up a Massey-Ferguson tractor, which he had purchased at an auction sale several weeks earlier, and then he advertised its sale in the newspaper, indicating that it was "in perfect condition." MacDonald saw the ad and then took a look at the tractor. MacDonald told Kennedy he was looking for a tractor that could be used to operate as a snowplough. Kenney told him the tractor was 20 years old (true), and he suspected it had always been used as such, but he told MacDonald he supposed it could also be used as a snowplough. MacDonald had his farmer friend drive the tractor around for about twenty minutes to test the gears, but the friend did not test the lifting qualities of the hydraulics (which would be necessary for it to run as a snowplough). MacDonald paid for and took possession of the tractor for $3,500 on September 13. About a month later, the tractor developed clutch and hydraulic problems. Six weeks later it snowed very heavily in that area. However, MacDonald found the tractor was hopeless as a snowplough. He took the tractor back to Kennedy and demanded his money back, but Kennedy refused to oblige. Question: Discuss the position of both parties with respect to whether the contract should be upheld. Be sure to reference the Sale of Goods Act

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