Allen, a Lawyer, Holds a Garage Sale at His Home

question 51

Multiple Choice

Allen, a lawyer, holds a garage sale at his home to sell some of his old things.Esther purchases a coat at the sale, and uses it during her business trip to Canada that winter.The coat fails to keep her warm.When she gets back to Australia, she angrily returns the coat to Allen and demands a full refund, claiming that Allen is in breach of contract.Is Allen in breach of contract?

• A)Yes, he is in breach of the statutory implied term regarding fitness for purpose.
• B)No, he is not in breach of contract, because there is no contract.
• C)Yes, he is in breach of the statutory implied term regarding merchantable quality.
• D)No, he is not in breach of contract, because the statutory implied terms regarding fitness for purpose and merchantable quality are only implied if the seller ordinarily deals in those types of goods.

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Definitions:

Cohesiveness

The degree to which members of a group or team are attracted to each other and motivated to stay in the group.

Creativity

The ability to produce original and valuable ideas or solutions.

Five-Factor Model

A model that describes personality through five broad dimensions: openness, conscientiousness, extraversion, agreeableness, and neuroticism.

Conscientiousness

A personality trait characterized by being thorough, careful, or vigilant; implies a desire to do a task well.