For the Purpose of Building a Playhouse for His Sons

question 40

Multiple Choice

For the purpose of building a playhouse for his sons, Andy went to Lumberlore Ltd. and bought, with his credit card and without talking to a salesperson, the following things: a drill, lumber, and a six-foot step ladder. While working on the project, Andy noted that the drill worked but it was not powerful enough to drill into the 4×4-inch posts the playhouse needed for support. When he went toward the house to get his car keys, he found his wife unconscious. She had used the ladder to take some leaves out of the gutters, and it had buckled under her weight because of its faulty design. Which of the following is true?

• A) Andy would have no cause for action against Lumberlore Ltd. for breach of a condition.
• B) Andy would have an action against the seller for breach of a condition of the contract for the drill because it wasn't fit for his purpose.
• C) Andy's wife would have no cause of action against the manufacturer of the ladder in tort.
• D) The sale of the items he bought are not covered by the Sale of Goods Act because he used his credit card.
• E) Title for the goods passed to Andy at the time of contract but that does not preclude him from his remedies.

---

Definitions:

Passively

In a manner that involves acceptance or submission without active response or resistance.

Memo

A written message, especially in a business setting, for communication within an organization.

Voice Mail

A system that allows users to exchange personal voice messages using an electronic system.

Feedback

Information provided as a response to a product, service, or individual's performance, aimed at guiding future improvements.