- This problem is based on exemption clauses as well as the conditions implied in sale of
good contracts.
- In this case, Wheeler Dealer agreed to sell a second hand car to Simiyu at a particular price
but at the same time disclaimed liability for the defective brakes and other defects. Simiyu
bought the car but did not subject it to any examination and hence the accident.
- It is apparent that Simiyu acquired the car on “as is where is” basis (caveat emptor)
and cannot therefore sue Wheeler-Dealer.
- My advise to Simiyu is that he has no action against Wheeler-Dealer as they had disclaimed
liability and most important this was a second hand car which means that there was no
implied condition that the same shall be of merchantable quality.
My advise is based on the general law of contract and the provision of the Sale of Goods Act.
raphael answered the question on April 18, 2018 at 16:05
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