Whether sales of goods act apply to purchase


Case Scenario: Mike and Carol had six children named Greg, Marcia, Bobby, Jan, Peter, and Cindy. Mike and Carol wanted to buy a holiday home for their family. They acquired a portal house which they wanted to be removed from the display showroom to a small piece of land that they owned, which was one hour from their house in the CBD. When the house was being transported on the highway, part of the roof fell off and was damaged when it landed on the road. The following week Greg took his computer to be repaired, as the monitor was blurry. The repairer did a poor job. Two weeks later, the same problem occurred on the monitor. Greg was not happy with the repair. In the same week, Marcia, who was feeling sorry for Greg, was given a monitor as a gift from her maid Alice. Marcia in turn gave the monitor to Greg, in exchange for Greg doing her washing all week. Unfortunately, that monitor broke after 3 days. Bobby invested some money in shares in a new online company called, Googol. Jan wanted to start her own business venture now that she worked from home. She purchased 600 rolls of wool for the purposes of selling it online for a small profit. Peter always loved plants. He went to buy some for the new holiday home. He went to his local florist and saw a range of hybrid roses planted in the back yard of the florist. The florist dug up the roses for Peter, who paid $120 for them. For some reason, the roses died before Peter could plant them in the front yard of the new holiday home. Cindy, who was only 6 years old, purchased some second-hand clothes for School. The owner of the second-hand store saw that Cindy was willing to pay anything for the school clothes, decided to sell the clothes to her at twice the retail price.

Advise on of the following:

1. Whether the Sales of Goods Act 1923 (NSW) (SOG) could apply to the purchase and delivery of the portable house?

2. Whether the SOG could apply to the repair of Greg's computer?

3. Whether the SOG could apply to the monitor given by Alice to Marcia, and/or from Marcia to Greg?

4. Whether the SOG could apply to the shares that Bobby acquired?

5. Whether the SOG could apply to Jan's purchase of 600 rolls of wool?

6. Whether the SOG could apply to Peter's purchase of roses?

7. Whether the SOG could apply to Cindy's purchase of second-hand clothes? What rights does Cindy have under the SOG, if any?

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