The appeal judgement could have gone to uphold the original, on the grounds that the use of the cowboy mechanic instead of an approved delership invalidated the contract to make good the condition of the car, as it would have ... read full comment
The appeal judgement could have gone to uphold the original, on the grounds that the use of the cowboy mechanic instead of an approved delership invalidated the contract to make good the condition of the car, as it would have been as new.
Secondly the time constraint in acceptance can also be argued if taking all things in consideration, a buyer can reasonably be assumed not to be knowledgeable to the point of establishing that the vehicle was not reasonably repaired to a standard which would have been accepted by any buyer as new. The issue of fraud and deception therefore arises and if it can be established that the seller in using the cowboy or roadside mechanic as against the approved dealership for the repair, did so to achieve the sale at all cost as against delivering a good as advertised, then the limitation from redress will arise at the time that the deception became known, in this instance brought out by the failing condition of a vehicle which was sold as new.
To successfully make the case and forstall an appeal the suit should be about fraud and deception rather than the normal sale of a vehicle.
The buyer was swindled.
For example if you purchase a camera that you intend to present as a gift in say a few months and it comes to your attention months later when you have made the gift that it contained a radio, you cannot be reasonably be expected to have accepted a radio because you kept the packet for months. The caveat is to forstall litigation, but in genuine cases of deception by a seller the buyer has more protection under general legislation, subject of course to any statute of limitation.
There are cases of this in the art world where art work have been known years later to be something other than advertised.
nice one brother..
Impressive Counsel Kow.
The appeal judgement could have gone to uphold the original, on the grounds that the use of the cowboy mechanic instead of an approved delership invalidated the contract to make good the condition of the car, as it would have ...
read full comment