Nasreen, a cellist, decides to buy a new instrument. She gets in touch with Brian, a musical instrument dealer, who tells her he has a number of cellos which may meet her requirements. He emails her some photos and there is one cello in particular that Nasreen likes the look of.

Nasreen goes to visit Brian so that she can try the cello for herself. She plays for half an hour and loves the sound it makes.

Before buying she asks Brian how old the cello is and whether or not it has had any repairs made to it. Brian has not checked the paperwork that came with the cello when he acquired it. However he tells Nasreen that he is confident that the cello was made around 1875 and that it has never been repaired. He offers to sell the cello for 12,000. Nasreen says she will give it some thought and let him know the next day.

That evening Brian discovers the paperwork which, to his surprise, states the cello was in fact made in 1930 and that at least two repairs have been made to it. The next day Nasreen returns to the shop and agrees to buy the cello for 12,000. Brian doesn't tell her about the age of the cello, or that it had been repaired, but does offer to show her the paperwork. Nasreen says there is no need and transfers the money to Brian.

A few months later, Nasreen shows her cello to a friend, a musical instrument dealer, who tells her that the cello is worth much less than she thought because it was made in 1930 and it is obvious from looking at it that it has been repaired several times.

Advise Nasreen about the merits of a claim for misrepresentation against Brian.