Question 03

Colin, was interested in purchasing a very nice three-year-old sports car from a local garage called 'Sports Delight'. After viewing the car and taking it for a test drive, he agreed to purchase the 'Sports Delight' car. Colin told the saleswoman that he intended to use the car for a trip to the south of France and did not want to have any problems with the car during his trip. The saleswoman assured Colin that the car was in very good condition and that it would be fully serviced before he collected it.

Unfortunately, when Colin was in France the car proved to be rather unreliable.

The brakes were very noisy and not very effective. He took the car to a French garage where the problem was identified and repaired. Apparently, the front brake pads had been incorrectly fitted.

Then, three weeks into his trip the gearbox seized up making the car unusable. This meant that Colin had to end his trip, leave the car in France and return home.

When Colin contacted 'Sports Delight' they refused to accept any responsibility for problems with a second-hand car. They drew his attention to the following term in the contract of sale:

'The purchaser agrees that all used cars are sold as seen. We supply used cars without any warranty as to their condition. We exclude all liability for any losses of any type and regardless of how they arise'.

Colin, is not satisfied with the situation and seeks your advice.

Explain to Colin his contractual rights and possible remedies with reference to contract law. The answer should include, issues, laws, application of the law to the given scenario and a conclusion