LETTERHEAD

25th April 2024

Fred Flint
Fast Fred’s Delivery
9 Sicily Street ArncliDe NSW

Dear Sir,

Re: Legal Advice - Truck dealership misinformation leads to losses

We were asked to offer you some guidance regarding some recent happenings. Our
suggestions regarding those occurrences will be outlined in this letter.

Issue: Misrepresentation of Information

Law:

The act of presenting information improperly, incorrectly, or falsely is called

misrepresentation. It can be done with or without intention. For instance, intentionally
misrepresenting citations and references is different from intentionally misrepresenting
research data. A statement that is false or misleading in law, or a material omission that
makes other statements misleading, is misrepresentation. The goal is to trick or deceive a
person . Common law fraud includes misrepresentation, as do other types of fraud, like
securities fraud.

If deception can be shown, the agreement could be overturned by the court, and if something
went wrong, damages could also be given. There are three essential sorts of deception:

 Negligent misrepresentation,

 Innocent misrepresentation, and

 Fraudulent misrepresentation

In your case, you explained to the your usual dealership (Truck ‘R’U’s) salesperson that you
want to buy a larger, heavy duty truck with two axles as you are about to sign a contract to
deliver groceries to a chain of grocery stores.
In law, a misrepresentation is any statement made to another person by words or other means
that, given the circumstances, amounts to an assertion that is not true. A deception is a
statement not as per the realities that is made with the expectation to delude or trick; as such
it can comprise misappropriation. Distortion most ordinarily happens in insurance and land
contracts; in such cases, a bogus assertion in regards to a self evident reality might be
material to the policy and, surprisingly, compelling in delivering it. Because it is the other
party's business to know all of the facts pertaining to it, the injured party frequently relies on
the false statement in such cases. At the point when an individual has been initiated to go into
an agreement by distortion, the agreement is typically delivered void and the representee may
try and recuperate harms. The representee may, in some jurisdictions, affirm the contract and
demand that the misrepresentation be rectified. In any case, the injured party avoids
contractual liability by rescinding the contract or using the misrepresentation as a defense if
he is sued for failing to perform his side of the agreement.

“The Untrue Statement”

To add up to a misrepresentation, the assertion should be false or truly deceptive. "Untrue

statement" refers to a statement that is technically true but conveys a false impression.
Assuming an error is made and later the representor observes that it is misleading, it becomes
false except if the representer refreshes the other party. In the event that the assertion is valid
at that point, yet becomes false because of an adjustment of conditions, the representor should
refresh the first assertion. Significant deceptions should be misquotes of truth or regulation:
errors of opinion or goal are not considered articulations of reality; but rather assuming one
party seems to have expert information on the point, his "suppositions" might be viewed as
noteworthy errors of reality. An example of misrepresentation is when a seller makes
misleading statements about the property's quality or character.

Application:

You might have a legitimate case against the dealer for misrepresentation of information
which lead to a loss for you. You suffered financial losses as a result of Colin's erroneous
claim that he was knowledgeable about trucks and his recommendation of a vehicle that
turned out not to be appropriate. In this instance, you have legal options like:
1. You could say that Colin made false statements about his truck knowledge and expertise,
which led you to trust his advice and buy the truck. You lost money and entered into a
contract as a result of this false representation. 2. 2.You can contend that the dealer
penetrated an inferred guarantee of qualification for a specific reason by suggesting a truck
that was not reasonable for conveying weighty burdens. This could be a violation of the sale
contract.

3. You may likewise have a case for carelessness against the dealer for suggesting a truck that
was not good for the reason for which it was bought..

Conclusion:

In conclusion, based on the information provided and the application of relevant legal
principles, we can address the questions posed at the beginning:

Is the color a condition or warranty?

The precise language of the contract and the parties' intentions will determine whether the
color requirement in your agreement with Hyoto Motors qualifies as a condition or warranty.
It is debatable whether the color was a requirement of the contract, though, given the
significance of the color to your company's name and the fact that you told the salesman that
all of your trucks are blue. To understand the specifics of the color requirement and how it
affects the contract as a whole, more in-depth analysis of the contract and legal counsel are
required.

Is the lack of engine a condition or warranty?

The delivered truck's lack of an engine is probably a violation of the requirement. A vehicle's
utility and worth are greatly impacted by the engine's existence, which is necessary for the
truck to operate properly. As a result, the failure to install the engine may be viewed as a
conditional violation, allowing you the right to end the contract and demand compensation.

Regarding the personal injury claim:

Does the employee owe a duty of care?

During Benno's work-related duties, including driving the truck, he has a duty of care to
others. As a motorist on public roads, he must exercise reasonable care to prevent harm to
pedestrians and other road users.
How has the employee breached his duty of care?

Benno breached his duty of care by not checking his mirrors while reversing the truck. Due to
this failure to take a basic precaution, the collision with Carlo resulted in a lack of reasonable
care.

Did the employee's action cause the plaintiff's injury? Apply the "but for" test. How
much can the plaintiff claim?

As a result of Benno checking his mirrors, he would have noticed Carlo behind the truck and
taken appropriate measures to avoid the collision. Therefore, Benno's negligence caused
Carlo's injury.

The plaintiff, Carlo, may be entitled to both monetary and non-monetary damages. A
monetary award would include medical expenses, rehabilitation costs, and lost income. Carlo
is compensated for his pain and suffering, loss of enjoyment of life, and emotional distress
sustained as a result of the accident by non-pecuniary damages. Evidence presented and the
court's assessment will determine the amount of damages.

If the non-conformity of the truck's color is seen as a warranty violation rather than a
condition, it might not be sufficient cause for contract termination on its own. However, the
lack of an engine would probably be viewed as a condition that has not been met, which
could allow for contract termination and the pursuit of remedies.

Please get in touch with me if you need any more help or have any other queries or worries.
I'm here to help you every step of the way with continual encouragement, direction, and
counsel. My commitment to helping you is clear whether you are seeking help understanding
legal concepts, working out the details of your case, or researching your options.

Navigating the legal system can seem daunting, but you're not alone when it comes to facing
legal issues. It is extremely important to me to be able to make informed decisions and to
possess the knowledge to do so. My objective as a professional is to help you make the right
choice by providing you with the right information and perspective. It is my goal to help you
decide what the best course of action is, outside of answering any questions you might have,
explaining legal concepts, and guiding you through the decision-making process.
Do not hesitate to contact me whenever it is convenient for you. Thank you for your time,
and I look forward to hearing back from you soon. You can be assured that I will provide you
with the guidance and support you need to solve your problems efficiently and effectively.

Yours faithfully,

Sabin Ghorasai
 References

Halberda, J., 2021. The principle of good faith and fair dealing in English contract law. 64,

pp.312-25.

ICLR, 1876. Poussard v Spiers & Pond (1876) 1 Q.B.D. 410 (25 April 1876). [Online]

Available at: https://www.iclr.co.uk/document/1865608358/casereport_32171/html

[Accessed 19 May 2023].

Law Teacher, 2023. Nettleship v Weston [1971] 2 QB 691. [Online] Available at:

https://www.lawteacher.net/cases/nettleship-v-weston.php [Accessed 19 May 2023].

Lawprof Team, 2023. Various Claimants v Catholic Child Welfare Society [2012] UKSC 56.

[Online] Available at: https://lawprof.co/tort/vicarious-liability-cases/various-

claimants-v-catholic-child-welfare-society-2012-uksc-56/ [Accessed 19 May 2023].

Lawprof, 2023. L Schuler AG v Wickman Machine Tools Sales Ltd [1974] AC 235. [Online]

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wickman-machine-tools-sales-ltd-1974-ac-235/ [Accessed 19 May 2023].

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(H.L.) 31, 1932 S.L.T. 317, [1932] W.N. 139. [Online] Available at:

https://www.lawteacher.net/cases/donoghue-v-stevenson.php?vref=1> accessed 19

May 2023 [Accessed 19 May 2023].

Purshouse, C., 2023. Barnett v Chelsea and Kensington Hospital Management Committee

[1969] 1 QB 428. [Online] Available at:

https://www.oxfordlawtrove.com/display/10.1093/he/9780191948855.001.0001/he-

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[Accessed 19 May 2023].