Marley and Rhona buy a new couch for their TV room.
Marley and Rhona buy a new couch for their TV room. The couch is advertised as
‘Real Leather’ and the advert lying on the sofa states that the sofa would be ‘perfect
for every family evening by the fire’. Marley and Rhona buy the couch and take it
home. One week later whilst sitting on it the couch breaks and Rhona falls through
the cushion onto the floor. When they examine the break, they see that the surface
material of the couch is peeling and that it is not leather but a plastic, imitation leather
covering. Before they return to the store, they approach you for advice
1. Rhona and Marley wish to complain that the couch is not of satisfactory
quality and is not designed for the purpose that it is advertised. What rights do Marley and Rhona have with regards to the couch?
2. Would it have made any difference if the couch was affixed by a label that stated that ‘The manufacturer guarantees this piece of furniture against failure unconditionally for 2 years’?
3. Would it have made any difference to Rhona and Marley’s legal rights if they had entered into a contract to purchase the couch and signed the agreement in their own home?
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