Mary Dwight purchased a vacuum cleaner from a salesman who represented himself as a sales agent for.

Mary Dwight purchased a vacuum cleaner from a salesman who
represented himself as a sales agent for Speedy Vacuum Cleaners. The salesman
gave a demonstration of the vacuum in Mary’s living room, and the machine
appeared to do an excellent job of cleaning dust and dirt from her carpets. At
the conclusion of the demonstration, the salesman produced a form contract that
called for a deposit of $50, and monthly payments of $50 each until the full
purchase price of $400 was paid. Mary paid the $50 deposit and signed the
contract. Later that day, the salesman delivered the new vacuum to her
»

Mary Dwight purchased a vacuum cleaner from a salesman who
represented himself as a sales agent for Speedy Vacuum Cleaners. The salesman
gave a demonstration of the vacuum in Mary’s living room, and the machine
appeared to do an excellent job of cleaning dust and dirt from her carpets. At
the conclusion of the demonstration, the salesman produced a form contract that
called for a deposit of $50, and monthly payments of $50 each until the full
purchase price of $400 was paid. Mary paid the $50 deposit and signed the
contract. Later that day, the salesman delivered the new vacuum to her
residence. On his departure, he stated that he was certain that Mary would find
the vacuum satisfactory, as the particular model was “the finest model that the
company had produced.” The machine did operate in a satisfactory manner for some
seven months. Then one day while Mary was using the vacuum to clean her
automobile, she noticed a wisp of black smoke seeping from a seam in the
casing. She immediately unplugged the machine and threw it in the swimming
pool. A few minutes later she retrieved the machine from the pool and returned
it to the Speedy Vacuum Cleaner store. The repair man examined the machine and
explained to her that the smoke had been caused by the melting of a small
electrical part in the machine. He offered to replace the part free of charge
even though the six-month written warranty had expired, but refused to provide
free replacement for several other electrical parts that had been damaged by
the machine’s immersion in the swimming pool. The cost of repairs amounted to $80,
and Mary paid the account. At the end of the month, however, she refused to
make the final $50 payment under the purchase agreement, because she felt that
the company should cover at least a part of the cost of the repairs to the
machine. Eventually, the company brought an action against her for the $50
owing under the purchase agreement. Discuss the defences (if any) that Mary
might raise in this case. Indicate the possible outcome.

»

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