Outdoor World sells new and used snowmobiles. It makes most of its money from new products, and it attempts to move secondhand ones quickly, particularly since the season is short and it does not want to be caught with extensive storage costs throughout the summer. Each January it has a major “blowout” sale which is heavily promoted and provides genuine savings.
Morley is in the market for a used snowmobile. He tells the salesperson he wants a basic machine, “no hassles,” and as good a deal as he can get. The salesperson shows him three; he starts each one and says that they are roughly equivalent. Morley takes a quick look and picks one basically on colour, since he knows little about snowmobiles. The listed price was $3500, but because Outdoors is anxious to clear the line and Morley is extremely price-sensitive, he is able to bargain down the price to $2000.
Two days later there is a good snowfall and Morley takes the machine out for a run. Five kilometres from home, the snowmobile splutters to a stop. Morley cannot get the machine started. In the end, a friend rescues him, and Morley gets the machine towed straight back to Outdoor World.
What are Morley’s rights under the common law? Do the Sale of Goods Act warranties and conditions help? Do Morley’s rights vary according to the province in which the sale occurred?