1. On his way to work, Joe saw a vehicle advertised as "For Sale" on the side of the road. On closer inspection of the car, he saw a hand written notice from the seller which read:"Selling my brother's 2009 Toyota Offroader. Price is $10,000. Call 05427843423 if you are interested"

Joe phoned the number and was told the following:"Look, my brother is in jail and needs bail money. He told me to sell his car for $10,000. I don't know much about the car and can only tell you what is written in the car's service manual. Like I said, not 100% sure, but according to the manual, this is a 2009 Toyota Offroader and it looks like it is in good condition since my brother regularly had it serviced". Joe paid the $10,000 and was shocked to find out from his mechanic that the car is in fact a defective 1997 model and not worth anything.

(a) ADVISEJoe whether he is likely to succeed if he sued the seller for lying about the car's qualities.

(b)Would your answer be any different if the seller was an expert on Toyota vehicles?