Vera Macullum decided to have a face lift and chose Dr. Harry Berry, a noted cosmetic

surgeon to do the work.

During the surgery, Dr, Berry who was highly distracted owing to some personal problems, made a bad incision which lead to Vera suffering permanent muscle damage on one side of her face. Vera filed a claim against Dr. Berry in negligence and for breach of contract and in particular, breach of the condition of merchantability under the Sale of Goods Act. Which of the following statements is TRUE?

A) Vera will likely recover damages on both of her claims as on the facts given Dr. Berry has no reasonable defence.
B) under the Sales of Goods Act, Vera can also recover punitive damages
C) Vera will likely succeed in her contract claim but not on her negligence claim as Dr. Berry could not reasonably have foreseen the results of his actions.
D) Vera can only succeed in a claim under contract law
E) The Sales of Goods Act does not apply to this transaction

E