commerial law

Question 2 (8 points) Sukhdeep had built an addition to his house which he now wanted to cover with vinyl siding. He went to the nearest vinyl siding seller, Ticky-Tack Exteriors, to get some advice and to select the siding for the project. Ticky-Tack's sales representative, Arlene, showed him several styles and colours of siding. Sukhdeep was quite pleased with one particular type of outdoor siding called the Windscott 5000 which seemed quite sturdy and was produced by Gemina Exteriors Inc. Arlene explained that the Windscott 5000 was impressive because it was made with a special metal reinforcement which made the siding extra strong. To produce the Windscott 5000, Gemina used a multi-point assembly process where, at three instances, the strength of the siding was tested and the presence of the reinforcement was confirmed. Sukhdeep was very impressed and purchased $50,000 worth of the Windscott 5000 and then had it properly installed. Almost immediately after the siding panels were installed, Sukhdeep noticed that the Windscott 5000 pieces were peeling away and bowing in half. As a result, snow and rainwater began seeping into the home causing damage. He immediately contacted Arlene who said she had just received an email from Gemini confirming that ten loads of the Windscott 5000 had been shipped without the reinforcing pieces inside. To add further aggravation, Gemini has now declared bankruptcy and has no assets or money to reimburse or compensate Sukhdeep. Sukhdeep now wants to specifically take action against Ticky-Tack. 1. Explain whether the Sale of Goods Act applies to the transaction (2 marks) 2. Taking into account the facts, describe the specific implied term that Sukhdeep should argue was breached by Ticky-Tack? Would that specific claim be successful on the facts? Answer by explaining and applying the relevant legal test for the implied term. (6 marks)