Brewer v Mann Queens Bench Division 14 October 2010 end Analysis Where Reported[2010] EWHC 2444 (QB); Official Transcript Case DigestSubject: bargain of goods Other related subjects: Sale of goods; Consumer law Keywords: Bailment; Breach of contract; Breach of warranty; Damages; take on secure; Misleading statements; Motor dealers; Trade descriptions; Warranties Summary: The claimant succeeded in her claims for breakage of warranty and breach of contract in admire of the sale to her of a vintage elevator car which did non set to its description as a 1930 Speed sextette Bentley. rescind: The claimant (B) brought claims for breach of warranty and breach of contract in appreciate of the sale to her of a vintage car by the for the first time defendant car dealer (M). M undertook his business by the third defendant company (S), though he did not reveal the existence of S in his pre-contract meetings with B. The car was publicise and sold as a 1930 Speed Six Bentley. M warranted to B that the car had a 1930 Speed Six engine. B agreed to buy the car on hire procure destinations from the second defendant finance company (F). lead connected contracts were entered into in order to effect the sale of the car from S to F, and the subsequent sale from F to B on hire purchase terms.
M included a contractual description of the car in each of the contracts, namely that it was a 1930 Speed Six Bentley. B discovered a social class after taking delivery of the car that its engine was actually a reconstructed 1927 standard 6.5 litre engine. B claimed from M, as damages for breach of warranty, and from S and F, as damages for breach of contract, the sums she had paid to F by way of hire purchase instalments as well as the deposit she had paid to S. B argued that the description of the car in each of the contracts became a term of the contracts, and the meaning of the description was that the car was a 1930 Speed Six car with a 1930 Speed Six engine and general anatomy. B submitted that the car did not... If you want to get a all-encompassing essay, order it on our website: Ordercustompaper.com
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