Susan, a self-employed painter and decorator purchased a cottage in a beautiful coastal area. She was looking

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Question:

Susan, a self-employed painter and decorator purchased a cottage in a beautiful coastal area. She was looking to complete some painting projects and visited "Paint plus" a local store. Susan sought help from an assistant at the Paint plus store in recommending a heavy-duty masonry paint that would withstand the harsh climate changes evident on a coastal area; and a brand of wipe-clean paint that would be suitable for interior use in a wet area (the bathroom). The assistant at Paint plus recommended their own brand of masonry paint (Everlast) because it was the cheapest available. Susan checked the description on the tin and agreed that the paint appeared to be suited to her requirements.

When asked about the bathroom paint the sales assistant told Susan that internal paints were not his specialty, but he had heard other customers comment favorably about a product known as "Clean easy". The store had some tins of Clean easy going at half price because the written description about the product had become detached from the tins some time previously so the tins were being sold without this documentation. Susan did ask the sales assistant if there was anything that she should know about the paint that might have been written on the leaflet and the sales assistant said, [quote] "its standard paint so just slap it on".

Over time Susan had problems with both paint types she had purchased from Paint plus. The masonry paint was easy to apply and withstood the harsh climate of winter, but over the summer months the temperatures were "unprecedented" and the paint started peel from the walls. The render under the paint was damaged through this and Susan had to employ a building professional to knock of the remaining render and paint, and then rerender and repaint the entire outside of the cottage.

Susan did not have much luck with the Cleaneasy paint either. While she was applying the paint some of it dropped on her skin and she suffered an allergic reaction to the paint. She needed medical treatment and was off work for three weeks because of this reaction. She also lost a major decorating contract because of her illness. Later investigations about the description that should have been on the tin when she bought it declared that if [quote] "any person suffering from skin complaints or sensitivities should refrain from using this product".

Paints plus has the following printed on the back of their receipts.

These statements are made as follows:

1. Paint plus agree to refund the purchase price of any products that fail to meet satisfactory standards of quality or fail to comply with any written description applied to the goods.

2. Subject to clause 1 above, Paint plus undertake no liability for damage however caused by any product that fails to meet satisfactory standards of quality or fail to comply with any written description applied to the goods.

3. Paint plus undertake no liability as to fitness for any specified purpose of the goods sold.

4. Paint plus undertakes no liability for advice given by Paint plus employees.

5. Items one and two of this terms of business agreement indicate that the company is prepared to refund the cost of the goods bought if they have proven to be defective in some way, or that they do not meet the standards described on the tin.

ACTIVITY

1.Read the case and answer the questions. You must clearly state the answers and find precedent examples, if possible, to support your arguments.

2. State the facts in this case.

3. Was there a valid contract in place? Please explain your answer clearly by addressing the major elements of a contract.

4. Could Susan could claim a breach of contract against Paint plus on the Everlast paint, and if so, on what grounds. Use the Sale of Goods Act from your Province.

5. Could Susan could claim a breach of contract against Paint plus on the Clean easy paint, and if so, on what grounds. Use the Sale of Goods Act from your Province.

6. Could Paint plus can argue any of the statements made on the back of their receipts or on the door of their building as defense in a breach of contract case?

7. Describe two ways that this issue could be resolved outside of the courts.

8. Considering the facts and what both parties were trying to achieve; choose the best course of action to move the project forward in a mutually beneficial way. Provide three reasons for choosing your recommendation.