Question
a) Can a breach of warranty be treated as a breach of condition? Alternatively, can a breach of condition be treated as a breach of
a) Can a breach of warranty be treated as a breach of condition? Alternatively, can a breach of condition be treated as a breach of warranty? 1 b) Nathan wants to buy his first car. Thus, he decides to go to Prime Auto Traders, which has been selling vehicles for the past 25 years. At Prime Auto, he informs the car salesman George that he needs a car that is fuel efficient. More specifically, he explicitly mentions that he needs a car that can drive 10 kilometers per liter of fuel (10km/1L) in the city. George shows him a hybrid Volkswagen Jetta. Additionally, George also tells Nathan that the Jetta can travel 25 kilometers per liter of fuel (25km/1L) on the highway. After a thirty-minute test drive through the city, Nathan realizes that the Jetta actually drives 10.54 kilometers per liter of fuel in the city. He purchases the car. A month later, him and his girlfriend drive to visit Nathan's grandma in Ajax a city 350 kilometers away. Upon driving, Nathan realizes that the Jetta does not drive 25 kilometers per liter of fuel on the highway. Instead, it only drives 18.85 kilometers. Disappointed, he decides to sue George for his representation that the Jetta drives 25 kilometers per liter of fuel on the highway. Does Nathan have grounds to sue George? If so, what is the remedy available to Nathan? If not, why can Nathan not sue George?
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