Question
Ash agrees to buy Stevens car. She meets Stephen at his home where she hands over a bank cheque in exchange for the transfer papers
Ash agrees to buy Stevens car. She meets Stephen at his home where she hands over a bank cheque in exchange for the transfer papers and the keys to the car. When she gets into the car, she discovers that there is no fuel in the fuel tank. Assuming that it is a term of the contract that the fuel tank contains fuel, can Ash insist upon terminating the contract and getting her money back as a result of Stevens breach? Discuss your answer in light of principles learned regarding conditions and warranties, in particular, the case of Tramways Advertising v Luna Park from Week 5.
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