Problem: Thomas enters into a contract to buy a racehorse from Michael so that he can enter it in a race in two weeks time. The horse, named Lightning looks strong and healthy and Michael tells Thomas that Lightning is very fast and has won two out of his last three races. The contract states that the horse is healthy and ready to race immediately. Thomas pays $5,000 for the horse and as he is leaving, he asks Michael if Lightning is a gentle horse. Michael tells Thomas that Lightning is very gentle.
However, the next day Thomas discovers that Lightning is in fact a very viscous and bad tempered horse. He calls his local vet who examines Lightning and tells Thomas that Lightning is sick and will not be able to race for at least two months.
Thomas would like to sue Michael for breach of contract because Lightning is bad tempered and also because Lightning is unwell. He wants to sue Michael for the vet's medical bill of $500 and the $2,000 prize money and disappointment from not being able to enter the race.
Required:
Explain whether or not Thomas can sue Michael and what damages, if any, he may be able to claim