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COMM 393 (60)

Case Brief - Kobelt Manufacturing v. Pacific Rim – SALE OF GOODS ACT.docx

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COMM 393
Patricia Mallia

KobeltManufacturingvPacificRimSALEOFGOODSACTFactsKobelt is a manufacturer of brakes They enter into a K with Pacific Rim to sell 51 brakes for 400000 This is a claim by the plaintiff Kobelt Manufacturing Co Ltd Kobelt a manufacturer of brakes for 11633330 being monies owing for brakes it sold to the defendant Pacific Rim Engineered Products 1987 Ltd PREP The amount of the claim is not in dispute but the defendant says that it is not liable to pay the amount claimed because the brakes were not fit for what it submits was the intended purpose counter claim In 20052006 PREP retained Guide Technologies Inc Guide Technologies to design a new drawworks system This drawworks system was being developed and was to be assembled by PREP for two of its customers Guide Technologies had some communications with Kobelt prior to the brakes being ordered by PREP from KobeltIssues1Was there an implied condition of fitness for purpose2Was the
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