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The facts: The defendant, in discussing the possible sale of his motorcycle to the claimant, said on 23 October that the cycle was a 1942 model; he took this information from the registration document. On 30 October the parties made a written contract which did not refer to the year of the model and the purchaser had not indicated that the age of the cycle was of critical importance to him. The actual date was 1930.
Decision: The buyer’s claim for damages failed. The reference to a 1942 model was a representation made prior to the contract
Sir here why the buyer’s claim for damages failed? Although we know that breach of representation results in damages and/or rescission.
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