Question
Badul went to the salesroom of Portal Computers Limited (PCL) where a salesman named Stephen attended to him. Badul told Stephen that he was computer
Badul went to the salesroom of Portal Computers Limited (PCL) where a salesman named Stephen attended to him. Badul told Stephen that he was computer illiterate and wanted a computer that came with a warranty. Stephen then recommend him with such computer but he must purchase a 3 year warranty on top of the computer. Stephen says " The purchaser would not be charge for parts, labour and transports. All you have to do is call this number and a staff will come running to your door and fix the problem.". Badul after hearing this, agrees and purchase the warranty and computer. No warranty booklet was shown to Badul before he signed the order form.
A week later, the computer arrive with the warranty booklet.
A year later, the computer had a software problem. Badul called the hotline and the staff says "The warranty accounts for only hardware not software so we will not be able to help. Also, to use the warranty, you have to activate it first through 'a simple telephone diagnostic'.". After hearing this Badul was furious. He got the computer repaired elsewhere.
Now Badul wants to terminate the contract and claim for damages since he believe PCL has breach the terms of the warranty.
PCL then reject Badul's claim on the following grounds:
1) That whatever Stephen said to Badul was not in the contract and not a term of the contract but just a representation.
2) That the warranty booklet was not post-contractual stipulation and that in the 21st century no person would actually buy a warranty without asking to see the booklet before purchase.
3) That the contract was not vitiated by misrepresentation.
PLEASE ADVISE BADUL ON HIS LEGAL POSITION.
Use laws and reasonings accordingly and explain in detail in your answer.
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