Nash Case

BARBADOS IN THE SUPREME judicature OF JUDICATURE HIGH COURT CIVIL DIVISION no(prenominal) 988 OF 2002 BETWEEN CALDRIC NASHPLAINTIFF AND McENEARNEY QUALITY INC.DEFENDANT Before The just Mr. Justice William J. Chandler, Judge of the fully Court 2007: February 12 2004:July 1, 2 and 3 Mr. Chester L. Sue for the Plaintiff Ms. Zarina caravanserai in association with Ms. K aren Perreira for the Defendant DECISION INTRODUCTION [1]              This be involves the sale of a get across Courier labour fomite by the suspect to the complainant which developed problems in the numerical process of its four turn over drive functions. The resulting issues revolve most the sale of Goods Act crest 318 of the Laws of Barbados, and, in particular, the implied conditions of merchantability and fitness for purpose. A boost issue is whether in that location was been a conjuring trick that the fomite was bracing within the marrow attributed to that term by the law. design FACTS [2]              The plaintiff purchased a get across Courier vehicle from the suspect on 13 January 2000. A warranty agreement amongst himself and the defendant was signed on 24 January 2000 when the purchase harm was compensable in estimable.

At the time the plaintiff bought the vehicle it was represented by the defendant as new with bank line conditioning. later it was discovered that act upon had been carried out on the vehicle preceding to it being sell to the plaintiff. In addition, the front differential of the vehicle became seriously change afterwards the plaintiff employed the 4 x 4 facility whilst stuck in the fluff at Dover Beach. [4]              On 21 April 2001, some fifteen (15) months after purchasing the vehicle, the plaintiff then left the motor vehicle on the defendants premises. A much in depth feeling at the facts will be do on abridgment of the issues which arise for determination. [5]              The issues for determination are: 1)Was there a misrepresentation to the...If you want to get a full essay, order it on our website: Ordercustompaper.com

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