Simon is a building surveyor for a municipal council and he decides to sell his house. Tina inspects the house and likes what she sees except for the garage which appears to be a little less than sound. Tina asks about the safety of the garage and says she will get her architect to look at it. However, Simon says, "Don't worry about that. It's perfectly safe and sound. I'm a building surveyor and I know." Tina looks impressed and says, "Oh well, that's alright then."

After a further inspection of the house, Tina agrees to buy and tells Simon to draw up the contract. Simon's solicitors prepare a contract which contains no statements or promises in respect of the garage. Tina signs the contract after discussing and reviewing it with her solicitors. Three weeks after settlement the garage blows over during a wild storm. Tina's neighbour expresses his heartfelt sympathies and says that the previous owner only just managed to save the garage from blowing over in a previous storm. Unfortunately, Tina's insurance does not cover the garage.

Required:identify and elaborate on the legal issues Tina faces in deciding whether she can sue Simon for breach of contract. Refer to at least one case in your response.