Steve sells Bruno a car. After they agreed on the deal, but before the money was handed over, Bruno asks Steve is the car has any oil leaks, Steve says it does not. The car did have leaks and Bruno wants to sue Steve. Which one of the following cases would best apply to this situation:

Question

BlackTom AI · Accepted Answer

Question restatement: A buyer sues the seller for misrepresentation about a car’s condition, given that the seller stated there were no oil leaks, but the car actually leaked. The task is to identify which case best applies to this situation.

Option a: Roscorla v Thomas. This classic case is often cited in contract and misrepresentation discussions as addressing assurances or representations made in connection with the sale, and it helps illustrate when a statement about the quality or condition of goods can be treated as a contractual term or as a misrepresentation. In typical teaching, Roscorla v Thomas supports the notion that a representation about the quality of goods, if promised or stated in relation to the sale, can create a warranty or term that the seller must honor. In applying this to the scenario, the buyer’s claim that the seller false stated the car had no oil leaks aligns with the general misrepresentation framework that a false factual statement about the goods can give rise to a claim.

Option b (not provided, but typically considered): If there were other choices, we would assess whether they address pre-contract misrepresentation, concealment, or terms implied by the sale, and whether the statements must be timely or fall under a warranty. In many misrepresentation questions, other cases distinguish pre-contract representations from those that post-date the contract or that concern latent defects.

Why this analysis matters: The central issue is whether a misrepresentation about a latent defect (oil leaks) at the time of the deal constitutes grounds for rescission or damages, and Roscorla v Thomas is frequently invoked in exams to discuss the treatment of statements about the quality of goods in sale contracts. The core takeaway is that a false statement about the condition of goods, made in the context of a sale, can be treated as a misrepresentation if it induced reliance and is a statement of fact rather than a mere opinion.

If there were other options, we would explicitly compare how each case handles timing of the statement (pre- or post-contract), the nature of the statement (fact vs. opinion), and whether the statement creates a contractual term or merely a collateral representation. In the absence of other options, Roscorla v Thomas is the canonical reference for misrepresentation of the quality/condition of sold goods, illustrating why a seller’s false assurance about oil leaks could ground a misrepresentation claim.

Summary: The scenario hinges on a statement about the car’s condition (oil leaks) made during the sale; Roscorla v Thomas is the foundational case that supports claims for misrepresentation of quality in a sale of goods, making it the most relevant choice among typical misrepresentation references.

Steve sells Bruno a car. After they agreed on the deal, but before the money was handed over, Bruno asks Steve is the car has any oil leaks, Steve says it does not. The car did have leaks and Bruno wants to sue Steve. Which one of the following cases would best apply to this situation:

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