Jack is completing his fifth week as a student at Deakin College. Jack wants to purchase a computer that can run a special app for his Business Analytics unit. He drops into the Apple Store in Chadstone and checks the available models. He is happy with the latest model and asks Ming, the sales representative, whether that particular model will run this specific app that he needs for his studies. Ming assures him that it will work and that he had sold that model to several other students who wanted to use the same app. After hearing the reassuring words of Ming, Jack signs the contract. The signed contract contained no specific reference to the requirement that the computer could run the app Jack wanted.

The contract contained an exclusion clause which stated that:

'The Supplier is not liable to the Purchaser for any breach of warranty expressed or implied as to the ability of the Hardware to run any software.'

Jack is unable to install the app, and essentially, the computer is useless to him.

Jack seeks your advice as to the following:

2. Can Jack argue that the statement about the computer's ability to run the app is an express term of the contract/collateral contract?