Question
Ken is a shop owner running a furniture business in Happy Valley. The shop has been wellknown for selling furniture in town, especially antique shelves.
Ken is a shop owner running a furniture business in Happy Valley. The shop has been wellknown for selling furniture in town, especially antique shelves. With good reputation in the community, Ken's business has been growing rapidly. Mike, a new fresh graduate of PolyU in Business Studies, works in Ken's shop as a part-time salesman. One day, Alex went into Ken's furniture shop and looked for an antique shelf for his vase collection. Alex is a big fan of vintage vase, in particular Chinese vase. While Alex was inside the furniture shop, he was attracted by a very large set of wooden antique shelf manufactured by the brand, BestWood. Alex was very interested, and so he asked Mike how much weight could the antique shelf support. Mike, who worked in Ken's shop for less than a week, told Alex that he was a new staff and had no clue on the exact weight of such antique shelf. Then, Alex turned back, examined the antique shelf and saw the price tag, HK$30,000. Alex really liked the size and the design of the antique shelf, but was a bit shocked about the expensive price. So, Alex left the shop and wanted to have a second thought before making any final decision. 5 days later, Alex decided to purchase that antique shelf and phoned Ken's shop. Ken was on the phone and so Alex told Ken that he was interested in buying that antique shelf. To make sure that the antique shelf could support the weight of his Chinese vase collection, over the phone, Alex asked Ken again about the capacity of the antique shelf. Ken quickly searched the records and told Alex that it could hold approximately 100kg. Alex was contented about that, because he knew his Chinese vase collection only weighed about 50kg. Upon evaluating on Ken's words, Alex decided to buy that antique shelf. After the payment was made, the antique shelf was then delivered in a week's time to Alex's home. Alex was delighted as he could fill in the antique shelf with his vase collection. While he was putting some of his vases, the antique shelf suddenly collapsed and some of the Chinese vases were broken into pieces. Alex was not injured, but felt very upset. The next day, Alex met his neighbour, Don, an experienced trader in the furniture industry. Don told Alex that each shelf made by BestWood would normally be issued with a unique specification which was also available online. So, after the conversation with Don, Alex quickly made an online search and realised that such antique shelf could just hold 20kg in weight. Advise Alex about his claim under the law of misrepresentation and any remedies available. Use case law and ordinance to support your answers.
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