Doug and Bonnie Jackson built an addition onto their house which they planned to cover with brick on the exterior. They went to the nearest brick manufacturer to get some advice and to select and order the bricks for their home. The manufacturer's sales representative showed them several styles and colours of brick. He recommended one particular type of brick which was available in several colours and which the Jacksons selected. Within a week the manufacturer had delivered the bricks to the Jackson's home. Bonnie then arranged for bricklayers to lay them.
After the first winter Doug and Bonnie noticed that the bricks were blistering and flaking and that small holes were appearing on the surface of the bricks. They immediately contacted the manufacturer who told them that this was a normal part of the weathering process and did not constitute a defect in the brick. The manufacturer refused to send someone to the Jackson's home to look at the bricks.
Doug then contacted an experienced mason to investigate the condition of the bricks. He told them that the bricks had been improperly fired so that they lacked the durability to withstand the temperature extremes of freezing and thawing. He told Doug and Bonnie that the bricks would have to be replaced immediately as they would not withstand one more winter. When the Jacksons confronted the manufacturer with this information, the manufacturer sent its own mason to inspect the brick. It then sent a letter to the Jacksons stating that its mason had found nothing fundamentally wrong with the bricks and that there was no need to replace them.
Doug and Bonnie decided to take legal action against the brick manufacturer. Discuss the arguments that will be raised by the parties and render a decision.
C.L.R.

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The Answer of Doug and Bonnie Jackson built an addition onto their house which they planned to cover with brick on the exterior. They went to the nearest brick manufacturer to get some advice and to select and order the bricks for their home. The manufacturer's sales representative showed them several styles and colours of brick. He recommended one particular type of brick which was available in several colours and which the Jacksons selected. Within a week the manufacturer had delivered the bricks to the Jackson's home. Bonnie then arranged for bricklayers to lay them.
After the first winter Doug and Bonnie noticed that the bricks were blistering and flaking and that small holes were appearing on the surface of the bricks. They immediately contacted the manufacturer who told them that this was a normal part of the weathering process and did not constitute a defect in the brick. The manufacturer refused to send someone to the Jackson's home to look at the bricks.
Doug then contacted an experienced mason to investigate the condition of the bricks. He told them that the bricks had been improperly fired so that they lacked the durability to withstand the temperature extremes of freezing and thawing. He told Doug and Bonnie that the bricks would have to be replaced immediately as they would not withstand one more winter. When the Jacksons confronted the manufacturer with this information, the manufacturer sent its own mason to inspect the brick. It then sent a letter to the Jacksons stating that its mason had found nothing fundamentally wrong with the bricks and that there was no need to replace them.
Doug and Bonnie decided to take legal action against the brick manufacturer. Discuss the arguments that will be raised by the parties and render a decision.
C.L.R.

Doug and Bonnie Jackson Built an Addition onto Their House