For the purpose of building a playhouse for his sons, Andy went to Lumberlore Ltd. and bought, with his credit card and without talking to a salesperson, the following things: a drill, lumber, and a six-foot step ladder. While working on the project, Andy noted that the drill worked but it was not powerful enough to drill into the 4×4-inch posts the playhouse needed for support. When he went toward the house to get his car keys, he found his wife unconscious. She had used the ladder to take some leaves out of the gutters, and it had buckled under her weight because of its faulty design. Which of the following is true?
A) Andy would have no cause for action against Lumberlore Ltd. for breach of a condition.
B) Andy would have an action against the seller for breach of a condition of the contract for the drill because it wasn't fit for his purpose.
C) Andy's wife would have no cause of action against the manufacturer of the ladder in tort.
D) The sale of the items he bought are not covered by the Sale of Goods Act because he used his credit card.
E) Title for the goods passed to Andy at the time of contract but that does not preclude him from his remedies.

Question

Quizplus · Accepted Answer

The Sale of Goods Act typically covers transactions where goods are exchanged, and the title passing to Andy upon contract does not prevent him from seeking remedies for issues such as defective products.

For the Purpose of Building a Playhouse for His Sons