Question
Xing owns a food delivery business and attends Ace Trucks Company Limited to purchase a new truck.During the negotiations she discusses various matters about her
Xing owns a food delivery business and attends Ace Trucks Company Limited to purchase a new truck.During the negotiations she discusses various matters about her requirements.The salesman is very keen to sell Xing a truck and tells her about a new refrigeration system in the company's latest trucks.After considerable discussion, Xing signs a standard contract for the purchase of one of the latest trucks.
After she collects the truck, she finds that it does not have the new refrigeration system which the salesman described.The system is the same as in her old truck and she knows from experience this is not reliable.On checking the written contract, she finds there is no mention of which refrigeration system is included in the truck.
Furious with the salesman, Xing wants to return the truck, claiming that there has beena breach of a term of the contract.
Using cases to support your reasons, discuss the legal argumentswhich both sides will raise about this breach and conclude which is the stronger.
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