Clark needed a car to get around. His job is far from his house and it would be much easier if he had a car. Public transit is terrible in Toronto these days. Since he could not afford to buy a new car, he decided to check Kijiji for used ones.

He soon came across an advertisement for a 2019 Red Honda CRV. It said the car had only 50,000 km and was in great condition. This seemed like a good deal so he contacted the seller, Eric, and made an appointment to see the car.

The next day, he arrived at the Eric's home and asked to see the car. Eric opened the garage door and Clark took a look. The car looked great. It was shiny and bright red which was Clark's favorite colour.

While looking at the car, Clark tells Eric that he needs the car to get to work which is quite far from his house. It's a really long drive for Clark so he tells Eric that he wants to know if the car is comfortable for long distance driving. Eric responds by saying, "He thinks it's a really smooth ride and super comfortable for long drives" (statement #1).

Clark asks Eric if the car has ever been in a car accident. Clark responds by saying, "No the car has never been in a car accident. Can't you tell by the shiny paint? It looks almost brand new" (statement #2).

Clark then asks Eric if he could take the car for a test drive around the block. Eric says sure. Clark loves the way the car drives but he notices that the muffler sounds a little loud. He asks Eric if everything is ok with the muffler because it sounds loud. Eric responds by saying, "Doesn't it sound great? I modified the muffler to sound that way. There's no law against it and it sounds so cool" (statement #3).

Finally, Clark asks Eric if the car has air conditioning and if it is in good working order since it can get really hot in the summers and he needs a car with air conditioning. Eric responds by assuring Clark that the car has air conditioning and it works well (statement #4).

After some negotiation, Clark decides to buy the car based on Eric's statements and because the price was good.He is excited to finally have a car of his own!

Unfortunately, after driving the car for a week, Clark is stopped by Toronto police because the muffler is very loud. The police give Clark a ticket because it is not legal in Ontario to modify the muffler to make it too loud. Clark must now pay to have the muffler replaced.

In addition, while the air conditioning worked initially, it stopped working a few days after Clark began driving the car. This is yet another expense that Clark will have to pay for.

Clark also finds the car to be an extremely bumpy ride over longer distances and does not find the car comfortable at all. He develops back issues as a result.

Continued on page 2.....

To make matters worse, Clark's mechanic tells him that the car had been involved in a car accident in the past and had been repaired and given a fresh coat of red paint to make it look like new. Clark would like to sell the car and can't sell it for as much as he thought because of this.

PLEASE DO THE FOLLOWING:

Analyze each of the statements made by Eric and indicate if they are misrepresentations and explain why. If you feel they are misrepresentations, indicate what kind they are and define the type of misrepresentation. Please indicate the available remedies, if any, for each one.

In your analysis, please include the definition of a misrepresentation and discuss whether each of the statements made by Eric meet the requirements of misrepresentation.

Please also use one case to support any part of your argument. The case must be a Canadian decision.