lacroupade
Well-known member
- Joined
- Jan 14, 2009
- Messages
- 9,208
Contract is void for mutual mistake ( Raffles v Wichelhaus ) as you thought you were buying something that you weren't, ie a vehicle capable of towing your horsebox. If the salesroom you bought from get sniffy about it, mention the fact that you were supposedly dealing with an expert in your position as an amateur and so their opinion is held to be legally relied upon as to the nature of the inducement offered, namely the towing ability ( Esso Petroleum Co. Ltd v Mardon ). Above all, this is what Trading Standards are there for so let them do the hard work :thumbs
With respect, the Esso case was about a duff prediction of future sales volume, as opposed to a statement that a particular criteria would meet a parties specified requirement. Neither was this a 'mutual mistake' IMHO although I see where you are coming from....this is a clear cut case of misrepresentation by the seller (the alleged expert) in respect of a condition specified by the buyer.
And don't rely too heavily on Trading Standards in this case....they will probably advise both parties of what the law says in this situation, but if push came to shove it would still reuire legal action by the buyer to remedy the position.:thumb2