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Matt goes to Keri’s Kar Sales where he sees a yellow VW car which he is interested in purchasing. There is a card in the window of the car that states “one owner only, new condition”. Matt is a little doubtful about this statement because the inside upholstery looks a little worn. He therefore goes and asks Keri whether it is true. Because she is busy talking to another customer and talking on her mobile at the same time she just glances at the car from the other side of the yard and mutters “what do you think we are? Of course it’s true. We don’t make mistakes”. Matt agrees to buy the car for $7000. Three weeks later the car breaks down. The garage mechanic tells him that the car is old and the motor needs replacing. Matt also finds out that it has had six owners. Keri is refusing to admit any liability.
Required: Advise Matt as to the following. Give reasons for your answers.
a. Are there any grounds on which he could seek a remedy? If so, what, are those grounds, what is the likely remedy, and who should provide it?
b. Would it make any difference to your answer if Matt had signed an agreement which included the phrase “I the purchaser agree that I have examined the car and am satisfied as to its price and condition. I have not depended in any way or to any extent on any information or opinion given by Keri’s Kar Sales nor that of any individual working on those premises”.
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When reading and briefing court cases, remember the acronym “IRAC”. The acronym “IRAC” stands for (1) Issue; (2) Rule; (3) Analysis; and (4) Conclusion. The IRAC method of briefing is commonly used in Australian, New Zealand and American law schools.
• ISSUE
When attempting to figure out the issues presented in a particular case, ask yourself “what question(s) is/are the court faced with? What must the court answer in order to decide the case?” To determine what the issue is, you need to know the parts of the case that are in dispute. The issue of a case is based on the pivotal questions which will determine the outcome. When you write about the issue in your assignment, it should be in the form of a question (e.g., “Did the Plaintiff commit a material misrepresentation?”).
• RULE
Rule = the law or laws which govern the outcome of a case. Rules can be in the form of statutes, regulations, case opinions, and other guidelines. In this section, you must simply state the rule or rules to be applied to the facts of the case.
• ANALYSIS
The analysis section applies the rules to the specific facts of the case. In this section, you will apply the rules to the facts of the case and explain or argue why a particular rule applies or does not apply in the case presented. The application/analysis section is the most important section of an IRAC because it develops the answer to the issue at hand.
• CONCLUSION
This section restates the issue and provides the final answer. The Conclusion section directly answers the question presented in the issue section of the IRAC.
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