Wilma purchased a used minivan, including a three-month warranty on parts and labour, from Xenon Used Cars

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Wilma purchased a used minivan, including a three-month warranty on parts and labour, from Xenon Used Cars Inc. for $10 000. She paid $1500 down and signed a promissory note for $8500, payable in monthly installments of $285 for three years. If any payment is missed by Wilma, the entire sum will fall due at once because of her default. Xenon immediately transferred the note to Yarrow Finance Corp. and received payment of $7750.

Wilma received notice of the transfer with a request to make her monthly payments directly to Yarrow Finance. The van broke down repeatedly within the first month, and Wilma was unable to obtain proper repairs from Xenon. She refused to make the payments to Yarrow Finance, and it sued her for the full sum due. Describe the nature of Wilma’s defence against Yarrow Finance and whether she will succeed.

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The Law And Business Administration In Canada

ISBN: 9780133251678

14th Edition

Authors: J.E. Smyth, Dan Soberman, Alex Easson, Shelley McGill

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