Question
10 Miss Igor has a small second hand car business which she conducts as a sole trader. Into her car yard comes a rogue. The
10 Miss Igor has a small second hand car business which she conducts as a sole trader. Into her car yard comes a rogue. The rogue looks at a few cars and decides she would like to buy a second hand Datsun. The rogue wants to pay by cheque. Miss Igor would prefer if the rogue paid in cash, but the rogue produces a business card and assures Miss Igor that the rogue is the Premier of New South Wales. The business card has an impressive crest in the style of the NSW Parliament and the words Premier of New South Wales on it. Very impressed to think she is talking to the Premier, Miss Igor happily agrees to accept the cheque and she lets the rogue drive away with the car. Of course, the rogue is not really dealing with the Premier. The business card is a forgery and the cheque is not paid when presented to the Bank. Miss Igor never sees the rogue again, but a few weeks later she discovers that a certain young student called Willie Wong is driving around in the car. Which advice do you think is correct?
A: First decide whether Miss Igor was really dealing with the Premier or whether the identity of the buyer was really a rogue. B: There was a unilateral mistake by Ms Igor in her contract with the rogue, but the contract is no longer voidable and Willie Wong gets title to the car. C: Sue the rogue for breach of section 18 of the Australian Consumer Law. D: Use deceit to avoid the contract and then Willie Wong must return the car. E: Willie Wong gets no title from a thief as the law considers Ms Igor has not sold the car to any person and Ms Igor still retains title.
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