Bartlett v Sidney Marcus ltd [1965] 1 WLR 1013 Court of Appeal

The claimant purchased a second hand Jaguar car from the defendant car dealer. The defendant told the claimant that the clutch was defective and that this was a minor repair costing around £2-3. He gave the claimant the choice of either taking the car as it was and knocking £25 off the stated price or he would repair it and charge the full price. The buyer chose to take it with the fault and get the discount. It then transpired that the fault would cost £84 to repair. The buyer sought to bring a claim based on what is now s.14 of the Sale of Goods Act 1979.

Held:

The seller had brought the defect to the attention of the buyer and therefore the buyer could not assert any rights under s.14 by virtue of s.142C. It matters not that he may have been misled.

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