BARBADOS IN THE SUPREME appeal OF JUDICATURE HIGH COURT CIVIL DIVISION no. 988 OF 2002 BETWEEN CALDRIC NASHPLAINTIFF AND McENEARNEY QUALITY INC.DEFENDANT forward The Honourable Mr. Justice William J. Chandler, Judge of the amply Court 2007: February 12 2004:July 1, 2 and 3 Mr. Chester L. Sue for the Plaintiff Ms. Zarina Khan in association with Ms. Karen Perreira for the Defendant DECISION INTRODUCTION [1]Â Â Â Â Â Â Â Â Â Â Â Â Â This be involves the exchanges agreement of a Ford Courier motor fomite by the suspect to the plaintiff which developed problems in the mathematical transit of its four wheel drive functions. The resulting issues revolve around the sale of Goods Act Cap 318 of the Laws of Barbados, and, in particular, the implied conditions of merchantability and fitness for purpose. A advertize issue is whether thither was been a misrepresentation that the vehicle was couplet within the meaning attributed t o that term by the law. BRIEF FACTS [2]Â Â Â Â Â Â Â Â Â Â Â Â Â The plaintiff purchased a Ford Courier vehicle from the suspect on 13 January 2000. A warranty agreement between himself and the defendant was signed on 24 January 2000 when the purchase price was remunerative in estimable.
At the time the plaintiff bought the vehicle it was delineate by the defendant as new with air conditioning. later on it was discovered that work had been carried out on the vehicle predate to it being sold to the plaintiff. In addition, the front differential of the vehicle became seriously damaged later onwards the plaintiff engaged the 4 x 4 facility whilst! stuck in the mud at Dover Beach. [4]Â Â Â Â Â Â Â Â Â Â Â Â Â On 21 April 2001, some fifteen (15) months after purchasing the vehicle, the plaintiff then left the motor vehicle on the defendants premises. A more in depth look at the facts will be do on analysis of the issues which arise for determination. [5]Â Â Â Â Â Â Â Â Â Â Â Â Â The issues for determination are: 1)Was there a misrepresentation to the...If you want to get a ample essay, order it on our website:
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