Question
Wong purchased a car from Botswell Motors Ltd. relying on a representation of a sales agent that the car was new except for some minor
Wong purchased a car from Botswell Motors Ltd. relying on a representation of a sales agent that the car was new except for some minor use as a demonstrator. Botswell Motors Ltd., however, gave no warranty about satisfactory performance of the car for any period. Two days after his purchase Wong took the car to a mechanic, Morris, because of trouble with the gearshift, and learned that the car was not new but had been repainted. In fact, the car had first been sold to a taxi business and Botswell Motors Ltd. had taken it back because of alleged defects.
Three weeks after he bought the car Wong wrote a letter to Botswell Motors Ltd. claiming rescission of the contract and offering to return the car on repayment to him of the payments he had made to date on the price. Botswell Motors Ltd. refused. Wong continued to use the car for a further four months, incurring more expense at Morris' garage because of the gearshift, and continuing to plead with Botswell Motors to take the car back. He then commenced action against Botswell Motors. What remedies, if any, are available to Wong?
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