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Samantha agrees to buy Andrew's car. She meets him at his house where she hands over a bank cheque in exchange for the transfer papers

Samantha agrees to buy Andrew's car. She meets him at his house where she hands over a bank cheque in exchange for the transfer papers and the keys to the car. When she gets into the car she discovers that there is no fuel in the fuel tank. When she asks Andrew about this he explains that he only agreed to sell her the car, not fuel as well. Has Andrew breached the contract? Assuming that it is a term of the contract that the fuel tank contains fuel, can Samantha insist upon terminating the contract and getting her money back as a result of Andrew's

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