1. Advise Summer ( the plaintiff )

a ) Whether the following representations are express termsThe terms in the signed agreement and Ricks ( the defendant ) oral statements

B ) Whether the plainffcansuccessu ak an acton for bach of h defeats o enos der common contracts ?

2 Advise the plaintiff, under the ACL statutory guarantees

a)Whether the contract is covered under the ACL and

(b)Whether any consumer guarantees were breached

(C)Whether the NO REFUND exemption clause in clause 9 is effective

The manager of Horses-R-US, Rick, and a customer, Summer, are having a dispute regarding the purchase of a horse called Morty and have come to you for advice. Summer claims her contract with Rick was breached because before purchasing Morty, Rick assured her that Morty "has a very calm demeanour" and "is the nicest horse I've taken care of!." She was persuaded to purchase the horse because of his guarantees. Morty however turned out to be extremely violent and severely injured a horse rider. Rick argues the signed contract protects him because whatever guarantees he made is not in the written agreement so could not have breached the contract. He shows you the contract which contains the following terms: CONTRACT OF SALE This agreement is made the 1" day of April 2021 between PARTIES RICK of the one part and SUMMER of the other part WHEREAS Rick wished to sell, and Summer wished to buy the horse called "Morty", and Rick is prepared to guarantee that "Morty" is a three-year old healthy thoroughbred horse. TERMS NOW THIS AGREEMENT states: 1. Rick agrees to sell, and Summer agrees to buy the horsed called Morty for the sum of Ten Thousand Dollars ($10,000) 2. Rick guarantees that Morty is free of all equine (horse) diseases. 3. Rick makes NO guarantees regarding the temperament and behaviour of Morty. 4. Rick guarantees that he is the sole owner of Morty, and that no other person has any interest in Morty whether as owner, lessee or mortgagee or any other interest whether in law or equity. 6. The purchaser (Summer) acknowledges that the only statements, representations, and warranties on behalf of the vendor are such as are expressly set out in this agreement. 7. This agreement constitutes the entire agreement between the parties. Any oral guarantees or collateral warranties are excluded. 8. The parties agree that Rick will not be responsible for any losses or injuries of whatsoever while Morty is under Rick's care. 9. The parties also agree that NO refunds or exchanges will be made on sale items and that all transactions will be treated as final. Signed by Rick this Ist day of April 2021 at Clayton Rock Signed by Summer this Ist day of April 2021 at Clayton Lemmener