1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156 
Judge Warns Agents on Advertisements
Page 49
If you've noticed an error in this article please click here to report it so we can fix it.
AWARNING to dealers who use superlative language in advertising vehicles was given by Judge Walmsley at Salford County Court, last week.
He was hearing a case in which David Horne and Ben Bernstein, marketmen, Chandos Road, Prestwich, had purchased a 1938 van, advertised as being in " excellent condition throughout," from Knowles Garages (Manchester), Ltd., Trafford Road, Manchester. The vehicle had subsequently broken down on two occasions.
An expert witness for the plaintiffs said that certain parts of the van were in had condition, although the vehicle was worth the £165 paid for it. It could be put right for £56.
The Judge held that the advertisement constituted a warranty and found that the vehicle was in poor condition. The plaintiffs were not entitled to damages for loss of trade suffered as the result of the breakdowns of the vehicle, even if they contended that they could not afford to have it repaired quickly. The measure of the damages was the estimated cost of repair. He awarded £50 damages and costs against Knowles Garages (Manchester), Ltd.
In the Queen's Bench Division, on Monday, Mr. Justice Streatfeild ruled that the seller of a vehicle in unroad'worthy condition was not entitled to enforce payment for it. He said that whether or not the vendor knew that the vehicle was unroadworthy was immaterial, because Section 8 of the Road Traffic Act, 1934, imposed an absolute prohibition on the sale of an unroadworthy vehicle.