For the purpose of building a playhouse for his sons, Andy went to Lumberlore Ltd. and bought, with his charge 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 4x4 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 gutter, and it buckled under her weight because of its faulty design. Which of the following is false?
A) Andy's wife would have an action against the manufacturer of the ladder in tort.
B) Title for the goods passed to Andy at the time of contract but that does not preclude him from his remedies.
C) The sale of the items he bought is covered by the Sale of Goods Act although he used his charge card.
D) 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.
E) Andy would have an action against Lumberlore, Ltd. for breach of a condition of the contract for the ladder because it wasn't of "merchantable quality."
Correct Answer:
Verified
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