Discuss legal tests should be applied to the facts of case

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Reference no: EM133313260

Assignment:

Mary is an amateur wine maker and grows vines on her small acreage in Kelowna. Winemaking is strictly a hobby. Mary loves to share her fine homemade wine with her family and friends. When Mary realized that she needed a tractor to mow the vineyard rows, she bought a new tractor from a tractor dealer. Mary clearly explained to the salesperson what she needed the tractor for and where her small vineyard is located. The sale contract she signed had the following clause:

"The parties hereto expressly agree that the dealer is not liable for any breach of condition or warranty, express or implied."

The tractor dealer also had a strict "No Return" policy on any equipment.

After Mary brought the tractor home, she found that the tractor was too big to mow between the rows. She also found that it was too slow and noisy. The neighbors were complaining about the noise and all the fumes. Mary wants to return the tractor and get her money back.

1. What are the legal issues that arise in this case?

2. What are the legal tests that the court will apply to decide the case?

3. Discuss how the legal tests should be applied to the facts of the case, and state the likely outcome of the dispute between the parties. Give reasons for your answer, referring to the relevant legal tests.

Reference no: EM133313260

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