Question
Popeye's Gym decides to expand and open another gym in Canberra. Charles is selling a property described in the advertisement as a 'fully equipped gym,
Popeye's Gym decides to expand and open another gym in Canberra. Charles is selling a property described in the advertisement as a 'fully equipped gym, everything included for you to open your gym business right away'.
Ros, the manager, inspects the property for sale. She finds a building with modern gym equipment and everything you would want in a commercial gym. Ros asks Charles 'can you promise that the building would be ready to be used immediately?'. Charles responds 'Absolutely, the day after you buy this property you can open up the gym and be ready for business, everything you can see here will be included in the sale'.
Ros, on behalf of Popeye's Gym, signs the contract to buy the property. She doesn't read the contract because she is confident that Charles has told her the truth.
When Ros visits the building after the sale she notices that all the gym equipment has been taken away. Due to supply issues arsing from the COVID-19 pandemic it will take months to order in new gym equipment from overseas, so the gym will not be operational for some time. It is also going to cost Popeye's Gym a lot of money to replace the items. When Ros complains to Charles, he points her to Clause 11 of the contract, which states:
This written documents contains all the terms and conditions in the contract, and both parties agree that they will not rely on any other statements made.
Popeye's Gym wants its money back, and the contract undone, or for the gym equipment to be returned to the building.
Can Popeye's Gym bring any action in contract against Charles? Cite legal authority to support your answer.
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