News0 min ago
Civil Law -
2 Answers
Gloria Grabalot woke up on Sunday morning to discover she had won the postcode lottery and had won the sum of £200.000. To celebrate her success she went out and splashed cash to the sum of £99.000 on a brand new sports car which had an advertised top speed of 180mph.
She picked the car up from the showroom and went to her local race track and despite many attempts she could only achieve a maximum speed of 80mph. She took the car back to the shop and demanded her money back claiming that the car was not fit for purpose as it could not achieve the advertised maximum speed. The shop refused her request stating it was nothing to do with them. Gloria then went to see a solicitor to begin the process of making a civil claim.
________________________________________________________________________________________
Would the claimant win her case?
Who would be in the court dealing with the case?
Thank you!
She picked the car up from the showroom and went to her local race track and despite many attempts she could only achieve a maximum speed of 80mph. She took the car back to the shop and demanded her money back claiming that the car was not fit for purpose as it could not achieve the advertised maximum speed. The shop refused her request stating it was nothing to do with them. Gloria then went to see a solicitor to begin the process of making a civil claim.
________________________________________________________________________________________
Would the claimant win her case?
Who would be in the court dealing with the case?
Thank you!
Answers
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come on Jasmine - you are meant to be doing this yourself and it will be based on your lectures - this is pretty obviously Contract ( and not state trial or Treason)
so you need to review the steps leading up to a contract
invitation to treat and so on .... you will have been lectured on this or at your level you wouldnt have a question on this
you will also need to go over Sale of Goods and whether a top speed makes it unfit - new one - the one I did was 1893 and the answer would be no unless it were specified
and
the rarely used misrepresentation act 1971 ( or whenever ) allows you to unwind a contract if misrepresentations have been made leading up to it. - which seem pretty clear here
so the short answer is - contract, yes
but this is an essay q
and is meant to test your ability to quote cases and construct a logical argument....
by the way did you buy the book on ELS for 66p ?
I bet the answer is no
so you need to review the steps leading up to a contract
invitation to treat and so on .... you will have been lectured on this or at your level you wouldnt have a question on this
you will also need to go over Sale of Goods and whether a top speed makes it unfit - new one - the one I did was 1893 and the answer would be no unless it were specified
and
the rarely used misrepresentation act 1971 ( or whenever ) allows you to unwind a contract if misrepresentations have been made leading up to it. - which seem pretty clear here
so the short answer is - contract, yes
but this is an essay q
and is meant to test your ability to quote cases and construct a logical argument....
by the way did you buy the book on ELS for 66p ?
I bet the answer is no
1 to 2 of 2
