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Words: | Submitted: Mon Jun 19 2006
... TV being a stereo model as described. Quark argues that as Mr Sisko should have realised that it was not a stereo model as he watched the set in the store. As Mr Sisko is just a consumer, he cannot be an expert in televisions and therefore it would be unfair to say that he should have known. We can see this in Beal v Taylor (1967) 3 ALL ER 253 where the plaintiff had inspected the car before he bought but later realised that it was an earlier model. The Court of Appeal held that the plaintiff was entitled to damages for breach of section 13 as he had relied on the description contained in the advertisement. Similar facts are found in the present situation and the goods have not corresponded to their description so Quark has breached section 13. To consider Mr Sisko´s legal position further we can also ...
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