A, a toy dealer, displayed in his shopwindow some plastic toy catapults. B, a child of six years of…
The facts reproduce Godley v Perry: a brittle toy sold to a young child was unsafe for its ordinary use, breaching the implied conditions of fitness and merchantable…
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A, a toy dealer, displayed in his shopwindow some plastic toy catapults. B, a child of six years of age, was attracted to the toys and one plastic toy catapult was bought from the shop after discussion with the shopkeeper. While the child was using it, the toy catapult broke off and entered the left eye of the child which had to be removed. The case is filed against the seller for damages. There is contention that
Answer and explanation
Correct answer A
The facts reproduce Godley v Perry: a brittle toy sold to a young child was unsafe for its ordinary use, breaching the implied conditions of fitness and merchantable quality. A sale over the counter can still be by description. Caveat emptor does not defeat these implied conditions, and passing ownership does not excuse the seller's breach. Under the Indian Act, the corresponding rules appear in section 16.
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