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Early in February this year, Ken came to Olive s second - hand car yard in Wollongong NSW and asked to be shown an economical
Early in February this year, Ken came to Olives secondhand car yard in Wollongong NSW and asked to be shown an economical vehicle suitable for use as a second family car. Olive pointed out to Ken a Toyota Corolla. On the windscreen of the Corolla was a sign saying model. $ Mechanical Inspection Welcomed Ken expressed interest in the vehicle and enquired whether he may have the car inspected by a mechanic from the automobile club of which he is a member. Olive agreed to the inspection. Later, acting on a request from Ken, the automobile club sent one of its mechanics, Melvin, to Olives car yard to inspect the vehicle. Melvin explained his mission to Olive and was shown the Corolla. Melvin asked Olive if the vehicle was Okay and was told What can you expect for $ Melvin replied that he would not bother inspecting the vehicle and would tell Ken that On the inspection I have made I can see nothing wrong with the car Melvin then reported to Ken in those terms.
Ken called on Olive and said, The inspection was alright. Can I have the car? Olive said Yes The parties signed a written contract describing the vehicle as a secondhand Toyota Corolla specifying $ as the price and containing the following clause: No warranty express or implied is given as to the state, fitness or quality of the vehicle and the purchaser accepts responsibility for all latent defects Ken paid $ to Olive and drove the Corolla out of the car yard. At the first corner the engine fell out of the car. A hastily summoned mechanic informed Ken that, although the body was that of a model, the engine was a reconditioned model which had been improperly installed. Ken was thinking of commencing proceedings against the dealer and the manufacturer.
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