Misrepresentation and Contractual Remedies Assignment: Legal Advice for Keith on the Sale of a Defective Vehicle

Legal Advice Assignment

Writing Your Assignment

• This assignment must be completed individually.
• All courses of study must use the ARU Harvard referencing system for written assessments, apart from LLB/LLM courses where OSCOLA should be applied.
• Your work must indicate the number of words you have used. Written assignments must not exceed the specified maximum number of words.
• Assignment submissions are to be made anonymously. Do not write your name anywhere on your work.
• Write your student ID number at the top of every page.
• Where the assignment comprises more than one task, all tasks must be submitted in a single document.
• You must number all pages.

Submitting Your Assignment

Submission Deadlines and Penalties

• To achieve full marks, you must submit your work before the deadline.
•  Work submitted on the same day as the deadline by midnight will receive a 10% penalty.
• Work submitted up to TWO working days after the deadline will be accepted and marked, but capped at a maximum of 40%.
• Work cannot be submitted if the period of 2 working days after the deadline has passed (unless there is an approved extension).

Extension Requests

• Requests for short-term extensions will only be considered in the case of illness or other valid cause.
• Contact DoS@london.aru.ac.uk at least 24 hours before the deadline.
• Students must provide evidence to support extension requests.

Exceptional Circumstances

• The deadline for submission of exceptional circumstances is no later than five working days after the submission date.
• Contact the Director of Studies Team at DoS@london.aru.ac.uk.
• Evidence must be provided to support EC claims.

Assignment Scenario

Nigel is a car mechanic with a number of years of experience working on cars. Over the years, he has built up his private collection of cars, which he now wishes to sell. In order to encourage potential buyers, he places an advert in a local newspaper. The advert, published in the newspaper on the 1st May, highlights Nigel’s experience with cars and states that anyone who buys a car from Nigel's will receive a free six-month membership of the Newtown Fitness Club, posted to them within 7 days of buying their car. However, Nigel quickly realises that this was going to cost him too much money and, on 10th May, decides to withdraw this promotion by placing a small poster in the window of his house stating that the Fitness Club offer no longer applies.

Keith has been looking for a car to buy when he sees Nigel’s advert in the local newspaper. On the 15th May, he visits Nigel’s house to speak to view the cars that he is selling. While speaking to Nigel, Keith tells him that he is only really interested in buying a car that runs on diesel as he had read that they were more efficient for long-distance journeys. Nigel replies that this should not be a problem as he has a few cars with diesel engines in his collection.

Nigel takes Keith to view the cars, which are at the back of his house, and, as they walk around viewing the cars, Keith sees a car that he particularly likes. Keith asks Nigel several questions about the condition of the car, and Nigel tells him that the car is in sound condition and that Keith should get quite a few years of usage from it. Keith accepts what Nigel says but tells him that he wants to take some time to think things over and that he will get back to him if he wants to buy the car.

Two weeks later, on the 29th May, Keith goes back to Nigel’s house and tells him that, based on what he has told him about the condition of the car, he wishes to buy it. Nigel replies, ‘But are you not going to have someone look over the car before you buy it? You shouldn’t just take my word for it! Keith replies, ‘No, you seem to know what you are talking about when it comes to cars, ’ and they then enter into an oral agreement for the sale of the car.

Just over a week later, Keith still has not received the free six-month Newtown Fitness Club membership that he was expecting. When he telephones Nigel to ask about this, Nigel tells him that this promotion was withdrawn on the 10th May and, therefore, he will not be receiving the free membership.

Keith decides to speak to Nigel face-to-face about this and jumps into the car he bought to drive to Nigel’s house. However, as he is driving down the street, the car breaks down. The mechanic who looks at the car tells Keith that the car is in very poor condition and is barely roadworthy. He also tells him that the car is a petrol, rather than a diesel, car.

Task

Keith has come to you, a solicitor, for advice. He is very annoyed that the car he bought is a petrol, rather than a diesel, car and that it was in such poor condition despite Nigel’s statements about its condition. He specifically wishes to know:

Whether there is any remedy in law available to him for the issues with the car
Whether he is entitled to the free membership of the Newtown Fitness Club

In Advising Keith, you should:

• Correctly identify the legal issue(s) raised by the problem scenario.
• Demonstrate knowledge of the law relevant to the issue(s) raised by the problem scenario.
• Demonstrate an understanding of the law through an analysis and application of the relevant law to the facts given in the problem scenario.
• Make appropriate use of the relevant legal sources in support of your analysis and argument.
• Draw reasoned conclusions from your analysis and application of the law to the issues raised by the problem scenario.
• Demonstrate good spelling, grammar and punctuation.
• Demonstrate clarity of expression and a clear, logical and easy-to-follow structure.
• Make correct use of OSCOLA referencing.