Question
Henny bought a brand new car from Warwick Motors. The contract of sale contains the following exclusion clause: Warwick Motors does not make any guarantees
Henny bought a brand new car from Warwick Motors. The contract of sale contains the following exclusion clause:
"Warwick Motors does not make any guarantees regarding the quality or fitness of this car. The buyer purchases at their own risk."
It turned out that what Henny bought wasnota brand new car but a slightly used demonstrator model. Now she wants to get out of her contract with Warwick Motors. Henny argues that Warwick Motorsbreached their contractby selling her a used car. Warwick Motors, on the other hand, argues that the exclusion clause in the contract excuses it from all liability. Who is correct?
(Please support your answer with principles learned regarding exclusion clauses in contracts.)
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