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Words: | Submitted: Mon Jun 19 2006
... so he did not rely on the description stated in the contract. (Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd1) This argument is unlikely to succeed; in the Harlingdon case, it was clear that the painting has been examined by the expert buyers, in this case Dick did not examine the vehicle in detail, it would be difficult to prove that he bought the vehicle relying solely on his own judgment. Moreover, Ed unlike the sellers in the Harlingdon did not state that he knew nothing about refrigerated vehicles so his position is different from the sellers in Harlingdon. Furthermore, the fact that Ed has been allowed to inspect the vehicle before signing the contract does not prevent the contract as being one of sale by description under SGA s.13(3). If Dick can successful prove that this is a sale by description. The effect of s. 13 will ...
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