Jean Hamilton admired a used car that Honest Harry had on display at his car lot. Hamilton took the.

Jean Hamilton admired a used car that Honest Harry had on
display at his car lot. Hamilton took the car for a test drive and found the
vehicle to be ideal for her purposes. When she inquired about the previous
owner, the salesman told her that it was his understanding that the last owner
had been an elderly schoolteacher, who usually used the automobile only on
weekends. The odometer on the automobile indicated that the vehicle had been
driven only 80,000 kilometres. Hamilton purchased the automobile, but
discovered a few months later that the vehicle had been used as a taxi before
it was
»

Jean Hamilton admired a used car that Honest Harry had on
display at his car lot. Hamilton took the car for a test drive and found the
vehicle to be ideal for her purposes. When she inquired about the previous
owner, the salesman told her that it was his understanding that the last owner
had been an elderly schoolteacher, who usually used the automobile only on
weekends. The odometer on the automobile indicated that the vehicle had been
driven only 80,000 kilometres. Hamilton purchased the automobile, but
discovered a few months later that the vehicle had been used as a taxi before
it was purchased by the schoolteacher. The automobile, in effect, had been
driven 100,000 kilometres further than the odometer indicated, as it registered
only five digits before returning to zero — the true distance that the vehicle
had been driven was 180,000 kilometres. The automobile had given Hamilton no
trouble during the time she had owned it, and she had driven the vehicle over
5,000 kilometres. She was annoyed, however, that the vehicle had had so much
use, even though it still had a “like-new” appearance. Hamilton brought an
action for rescission of the contract when Honest Harry refused to take back
the automobile and return the purchase price. Discuss the argument that each
party might raise in this case. Render a decision.

»

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