Bob and Barb went into Logan Drugs, a self-service drug store. She bought some packaged cookies and he bought some Tilox, a cleaning solvent for tile that he hoped would remove greasy dirt from a painted kitchen chair. Because Bob wanted to work on the chair, Barb set their son, Keith, at the kitchen table with some cookies so he could watch without being in the way. After he had two cookies, Barb noticed that there were worms in the cookies. She took Keith and the cookies (made in Vancouver) to the doctor. While they were away, Bob learned too late that the Tilox did take off the grease but also the paint. The directions advised against using the product on wood or painted surfaces. On these facts, which of the following is true?
A) Bob's purpose for buying the cleaning solvent was implied although not express.
B) Keith (represented by a parent) would have an action against the makers of the cookies in tort law.
C) Barb could not sue Logan drugs for breach of contract for the wormy cookies.
D) Bob has a cause of action against Logan Drugs because it is a dealer in cleaning products and this Tilox was not fit for his purpose.
E) Logan Drugs has no right to sue the makers of the cookies under the Sale of Goods Act.
Correct Answer:
Verified
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