Mark is engaged to be married and purchases a diamond and sapphire engagement ring from Charles, a Jeweller in Melbourne. Mark was careful to ensure that the ring came with a Certificate of Authenticity from the Diamond Certification Laboratory of Australia. Charles was very happy to assure Mark that the Certificate of Authenticity would be provided when the ring was collected and paid for.

Mark collected the ring a few days later and paid Charles $15,000 for it. Charles provided a sales note to which was attached a Certificate of Authenticity as to the diamonds used in the manufacture of the ring. Mark was in a hurry and did not read the sales note or the Certificate.

A year later Mark decided that he should review his insurances and took the ring to be valued to a Jewellery Valuer in Melbourne. When he collected the ring Mark was shocked to learn that the ring had been valued at $5,000 and that the Certificate of Authenticity had been provided by someone not known to the Valuer and not the Diamond Certification Laboratory of Australia.

Required

Advise Mark as to his rights and remedies against Charles making reference to relevant cases and legal principles.