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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70282
Experience:  Over 5 years in practice
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Contract law od england and wales; sale of caravan. Seller

Customer Question

Contract law od england and wales; sale of caravan. Seller represented to buyer in correct age of caravan relying on erroneus email as to age when purchases.Inocent misrepresentation.
All parties relied on Misrep contract concluded. Two months later caravan damaged by flooding.Onkly then purchaser made enquiries as to correct age.foukd caravan older than that represented.

Purchase denied seller access to caravan to assess damage - also did nothing to preserve caravan in best condition possible

Purchaser granted judgment for misrep- full purchase price ordered to be repaid ie recission. Keys of caravan ordered top be returned to seller.

caravan no longer in same condition and no allowancew made.

Question:

1. Had risk already passed to purchaser?

2.In crcumstances is recission relevant and should an allowance have been made due to purchaser's failure to maintain caravan?

3.Does purchaser's refusal to allow seller access to caravan disqualify purchaser from remedy?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

On your specific points

1 I'm not sure what you mean by this? If there was a misrepresentation then there was a misrepresentation and so the contract can be set aside for that reason.

2 No, this isn't an issue of mitigation of loss. If there is a misrepresentation then the entire contract can be set aside. I suppose you could have counterclaimed on the basis that they failed to take reasonable care of it but that didn't happen and I'm not sure it would have been successful anyway.

3 No. The issue is whether or not there was a misrepresentation relating to age and an inspection of the caravan would not assist with that in anyway.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jo


 


As I thought but in respect for client wanted to obtain expert second opinion


 


Many thanks


 


Bill Caselton

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.