Question
Tracy wants to buy a car. She visits her accountant to get advice as to whether she can afford it or not. Paul tells her
Tracy wants to buy a car. She visits her accountant to get advice as to whether she can afford it or not. Paul tells her that this is a great idea and that she can actually buy one of his cars which he happens to have for sale.
During their discussions, Tracy says that she would like Paul to service the car before the sale at his own cost. She says that this is very important and so Paul assures her that he will.
Tracy and Paul both sign a contract stating that the car is to be purchased for $10,000 and that the money is to be paid at the end of the month. It makes no mention of Paul's promise to service the car beforehand.
Paul does not service the car and at the end of the month, Tracy collects the car and pays the $10,000.Some days later, Tracy discovers that Paul has not services the car and wants him to pay for a service. Paul refuses.
Tracy would like to commence action against Paul for breach of contract. Advise Tracy how she may argue that Paul's promise to service the car is contractually enforceable.
(NB: the Australian Consumer Law does not apply, discuss only common law. Do not discuss misrepresentation)
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