Nash Case Essay

7881 WordsSep 28, 201132 Pages
BARBADOS IN THE SUPREME COURT OF JUDICATURE HIGH COURT CIVIL DIVISION NO. 988 OF 2002 BETWEEN CALDRIC NASH PLAINTIFF AND McENEARNEY QUALITY INC. DEFENDANT Before The Honourable Mr. Justice William J. Chandler, Judge of the High Court 2007: February 12 2004: July 1, 2 and 3 Mr. Chester L. Sue for the Plaintiff Ms. Zarina Khan in association with Ms. Karen Perreira for the Defendant DECISION INTRODUCTION [1] This matter involves the sale of a Ford Courier motor vehicle by the defendant to the plaintiff which developed problems in the operation of its four wheel drive functions. The resulting issues revolve around the Sale of Goods Act Cap 318 of the Laws of Barbados, and, in particular, the implied conditions of merchantability and fitness for purpose. A further issue is whether there was been a misrepresentation that the vehicle was new within the meaning attributed to that term by the law. BRIEF FACTS [2] The plaintiff purchased a Ford Courier vehicle from the defendant on 13 January 2000. A warranty agreement between himself and the defendant was signed on 24 January 2000 when the purchase price was paid in full. At the time the plaintiff bought the vehicle it was represented by the defendant as new with air conditioning. Subsequently it was discovered that work had been carried out on the vehicle prior to it being sold to the plaintiff. In addition, the front differential of the vehicle became seriously damaged after the plaintiff engaged the 4 x 4 facility whilst stuck in the mud at Dover Beach. [4] On 21 April 2001, some fifteen (15) months after purchasing the vehicle, the plaintiff then left the motor vehicle on the defendant’s premises. A more in depth look at the facts will be made on analysis of the issues which arise for determination. [5]

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