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Dick and Ed There are two ways in which Dick can seek compensation from Ed. The first is to terminate the contract so he will get the total refund for the vehicle bought. If he fails the first way, he can claim damages for the difference in value of the 15 tonne vehicle and the vehicle stated in the contract. Dick will only be entitled to terminate the contract if he can prove a breach in an express/ implied condition in the contract. SGA 1979 s. 13 The section only applies if the sale of goods is by description. To determine if it is a contract of sale by description we have to look into several factors. It seems at first sight that this is a sale by description as the contract clearly states that the vehicle is a 'twenty tonne refrigerated Skoda supertransporter'. However, it will only be a sale by description...

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