COMM 393 Study Guide - Final Guide: Helen Baxendale, Prime Power, Sole Power

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9 Sep 2015
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Kato supplied power generators for cullen who used the generators to incorporate with motors into power units called gensets . These gensets were then bought by westcoast to use for their plant operation in chetwynd, bc. Westcoast discovered that the two gensets that were bought from cullen were defective. These defective units resulted in a breach of contract under warranties of reasonable fitness for the purpose and of merchantable (working) quality implied by section 18(a) and (b) of the sale of goods act. Westcoast was in a remote location (chetwynd, bc) and had no access to other sources of power. Therefore, while the gensets were getting repaired, westcoast had to rent alternative power source equipment (,000) for two month duration since these gensets were their sole source of power. Westcoast sued cullen for damages due to the two defective gensets.