法律問題_汽車交換

The first issue of this case is whether the statement that the Saab is a 1997 model is merely a representation or in fact a term of the contract. Whether the said statement will be incorporated into the contract depends on whether the parties have any special knowledge. For example, if B is a car dealer, he has special knowledge and the statement will be incorporated into the contract. We do not have enought information for the time being. In Oscar Chess Ltd v. Williams, a person selling a car to a second-hand car dealer stated that it was a 1948 Morris, when in fact it was a 1939model. It was held that the statement did not become a term.

Let's assume the statement that it is a 1997 model is incorporated into the contract. If so, A can claim contractual remedies from B for breach of contract.

When it comes to misrepresentation, it matters not if the statement is a term. Even if it is not a term, it can still constitute misrepresentation as long as it fulfills the criteria:
A false statement of fact or law has been madeThe statement had induced the plaintiff to contractThe misrepresentation is material
The statement that the Saab is a 1997 model is definitely a false statement of fact. I think it probably induced the plaintiff to contract. It is probably material as well. Therefore, there is misrepresentation on the part of B.

A is entitled to rescind the contract i.e. restoring both parties to their original position, provided that the bars to rescission are not present. One of the bars is possibility of rescission. After the repaint job and maintenance done by B, I think it is still possible to rescind the contract; A can pay B the difference of the value of the BMW. Therefore, I believe A can rescind the contract: A can get back his repaired BMW while B can get back his Saab and the money B spent on the BMW. A can also claim damages under the tort of deceit.

why A not check the registration paper when he got the saab from B? all document printed in black and white. A accept the offer by B and should read careful all the document before he sign the ownershiper transfer.

I am sure goverment offer the registration document should printed clearly with the date of the car maufacture and the date of the first ownership being. checking chassic number with registration paper work is very basic procedure.

the paper you sign, is both party agree to do the transfer (or exchange). If signed paper doesn't mean anything...what is the point of signing those contract?
I can say is a lesson to learn to read careful of anything before you put your signature to any documents.


don't make it too complicated, whom is owner with the registration paper is the present owner.