15 Sept 2011
LINK FOLK LTD v. GLORIOUS MOTORS LTD
- Citation
- LINK FOLK LTD v. GLORIOUS MOTORS LTD
- Court
- District Court
- Case number
- DCCJ552/2010
The court found that the defendant negligently misrepresented the vehicle's mileage, the plaintiff relied on that representation, and clause 19 did not effectively exclude liability or negate reliance; accordingly rescission was ordered and the defendant was required to indemnify the plaintiff for expenses necessarily incurred under the agreement; claims on merchantable quality and fraudulent misrepresentation were not made out.