Denise Is a Farmer in Prince Edward Island

question 12

Multiple Choice

Denise is a farmer in Prince Edward Island.Recently she purchased a new tractor from her local dealer.Although her contract of sale contained a large number of standard terms and conditions,it did not guarantee that the tractor would function properly.Assume that the tractor malfunctions and Denise tries to sue for breach of contract.Which of the following is most likely TRUE?

• A)Denise would fail because no term in the contract was breached.
• B)Denise would fail unless the court was willing to imply a term.
• C)Denise would fail unless she was able to prove a collateral contract.
• D)Denise would fail no matter what.
• E)If a term was implied into the contract by statute or by common law,that the tractor would function properly then Denise may succeed in her lawsuit for breach of contract.

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Definitions:

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