Rosellini,who runs a house painting business,asked Fellini,who sells paint: 'What exterior house paint will protect a timber house for at least 12 years?' 'The Dura- ultimate range will do the job,' replied Fellini.Rosellini bought a large quantity of Dura- ultimate from Fellini and used it on his customers' houses.Now his customers are complaining that paint begins peeling eight years after it was applied.Which of the following statements best sums up Fellinni's legal position under the Sale of Goods Act?
A) He has probably not breached any implied condition because the paint has lasted for a reasonable period of time.
B) He has probably not breached any implied condition because the main purpose of the contract involved services (his technical advice) rather than the sale of paint.
C) He has probably breached the implied condition of fitness for purpose.
D) He has probably breached the implied condition of merchantable quality.
Correct Answer:
Verified
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