Question
Shirley bought a brand new car from Leyland Motors. The contract of sale contains the following exclusion clause:Leyland Motors does not make any guarantees whatsoever
Shirley bought a brand new car from Leyland Motors. The contract of sale contains the following exclusion clause:"Leyland Motors does not make any guarantees whatsoever as to the quality or fitness of this car. The buyer purchases at their own risk."It turned out that what Shirley bought was not a brand new car, but a slightly used demonstrator model. Now she wants to get out of her contract with Leyland Motors. Shirley argues that Leyland Motors breached their contract by selling her a used car. Leyland Motors on the other hand argues that the exclusion clause in the contract excuses it from all liability. Who is correct?
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