1) Joe is a former boxer; he has had his nose broken a number of times and this has resulted in a bent nose, which he thinks makes him look a bit odd considering he was born with a reasonably long, slender nose. Having a bent nose also means that Joe snores every night which really annoys everyone in his family who is in proximity of his bedroom.

Joe consults a specialist nose surgeon who proposes an operation to straighten his nose and sort out the air flow problem he has, which should help eliminate the snoring problem. The surgeon explains that he has performed many operations and had no complaints.

Joe goes ahead with the operation and indeed his nose does look better in terms of its shape, but in fact the skin around his eyes now sag, the snoring has not disappeared and is only marginally better, and the nose he has now received is a little different to what was proposed by the surgeon when outlining the end result of the surgery.

Joe is not happy with the overall result, particularly as it cost so much money. Joe had no idea that there was the possibility of the nose not looking the same as the diagram he was shown, and further he was not informed that his eyes might sag and that his snoring would not be eliminated.

REQUIRED

What are Joe's rights regarding a claim of negligent misrepresentation? What remedies might be available?