Rachael successfully breeds dogs. She sells some of the puppies (young dogs), which are highly prized. Emily agrees to buy one of the young dogs, called Fang. for $3,000, to be paid in two instalments of $1,500 each. She pays the first instalment and takes the dog away. Emily later calls Rachael and says “Can you promise me that Fang is even tempered?” Rachael says that he is and Emily promises to pay the final instalment of the purchase price. She transfers the money the following day.
Fang bites Emily in a fit of bad temper, hurting her hand. Emily commences proceedings against Rachael for breach of contract. Rachael denies that Fang’s temper was ever a term of the contract.
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