澳洲 Law and business 或者指點(diǎn)下思路 滿分送上
Question
Betty is looking for her first car.In the local paper she sees a full-page colour advertisement for Barry’s car sales:Used car sale.Unbeatable offers on 3-year old models.Low kilometres.12-month warranty.The featured vehicles include 3 model Pintos priced at $9,999 drive away.
On Saturday morning she goes to take a look.She takes a liking to the yellow Pinto,and has a good look around the outside and inside.She notes with satisfaction that the odometer shows 95,000.The salesman tells her:“Personally,I think this one is the best of the lot,with only one previous owner.” Betty replies that she would like to buy it,but the best she can do is $9,500 cash.He replies:“Alright.Come inside.”
In the office he prepares a sale document with a description of the vehicle and a cash sale at $9,500 and gives a copy to Betty,which she reads.There is no mention of warranty.They agree that Betty will return with payment within 7 days.Next Wednesday,having visited her bank,Betty returns with a bank cheque for $9,500 and collects her new car.There is a zipper case on the driver’s seat containing the handbook and previous service record,which she puts in the boot.
Three months later Betty finds that her car is slipping out of gear.Next morning she drops it off with Max,her mechanic.Max calls her that afternoon.The automatic clutch of the Pinto is badly worn and needs replacing.The total cost for the work is $2,500.From the handbook and service details Max discovered that the previous owner was a company,and the Pinto was a fleet car.At the time of the sale it had actually covered 195,000 kilometres.
Betty tells you that had she known about this,she never would have bought the car,and asks you to explain the legal situation to her.Has she any rights against Barry’s car sales?