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A customer buys a television from a shopkeeper on 24 December. It is a gift for his daughter. He does not inform the shopkeeper that it is a gift for someone else.
When his daughter opens the box she discovers the television is defective. She travels to the shop on 26 December and asks for a replacement or refund. The shopkeeper refuses.
What advice should be given to the daughter?
A. The daughter has rights under the contract because she suffered a detriment in travelling to the shop.
B. The daughter has rights under the contract because on an objective test the television was likely to have been purchased as a gift for a third party.
C. The daughter has a right under the contract to have the television replaced only.
D. The daughter has no rights under the contract because she was not a party to it.
E. The daughter has no rights under the contract because it is a domestic agreement between members of a family.
D - The daughter has no rights under the contract because she was not a party to it.
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