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There is no promise about the condition of the vehicle.?±
Two days later, when S??s wife was driving the car which S had given to her as a birthday present, the car crashed because the brakes were defective. Mrs S was injured and off work for six months causing her to lose HK$100,000 in wages. The car was a write off.
Advise S.
Whether the statement in large letters ?°All our car are in tip top condition!?± is a representation or a term depend on the intention with which the statement was made. If it was intended to be a binding part of the contract it is term; otherwise it is a representation...
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