Case 2 (50%) Eric won a lottery and wanted to spend part of his lottery money to buy a car for self-use. On 1 March 2022

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Case 2 (50%) Eric won a lottery and wanted to spend part of his lottery money to buy a car for self-use. On 1 March 2022

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Case 2 50 Eric Won A Lottery And Wanted To Spend Part Of His Lottery Money To Buy A Car For Self Use On 1 March 2022 1
Case 2 50 Eric Won A Lottery And Wanted To Spend Part Of His Lottery Money To Buy A Car For Self Use On 1 March 2022 1 (294 KiB) Viewed 44 times
Case 2 (50%) Eric won a lottery and wanted to spend part of his lottery money to buy a car for self-use. On 1 March 2022, Eric went to a car dealer in Kowloon Bay and was attracted by an electric car on display. A sign board, with the description “2017 Tesla Model X, Blue, Panoramic Roof, Parking TV, Mileage 12,200km, HK$600,000”, was placed on the windscreen of the car. Peter, the salesman of the car dealer, approached Eric and mentioned that this used car was like brand new and probably only one car in Hong Kong for this model with such low mileage. Peter further added that if Eric could confirm the purchase order now, he could enjoy 10% discount on the list price. Eric liked the car and didn't want to miss this bargain, so he signed the purchase agreement and paid the money in full immediately. Two weeks later, the car dealer delivered the Tesla car to Eric. Upon the receipt of the car, Eric checked the body of the car thoroughly and found a scratch on the windscreen. It is unsafe and illegal if a driver drives a vehicle with a scratch on the windscreen. Subsequently, Eric brought the car to an automobile repair shop for full inspection. The inspection report revealed that the mileage meter of the car had been adjusted. The actual mileage should be 13,420km. After knowing that, Eric was very disappointed and told Peter that he wanted to return the Tesla car to him and get a refund. Peter said he would replace the windscreen with a new one. He would also pay $10,000 to Eric as the compensation for the understatement of the mileage reading but Eric could not reject the car and get a refund because the actual mileage (13,420km) is still regarded as low for this car model. Required: Referring to the context of Sales of Goods Ordinance (Cap 26) (“SOGO”), advise Eric whether he could return the car to Peter and get a refund. p.s. Your answer should focus on the discussion of the implied terms only. It means that you are not required to explain why SOGO is applicable to the agreement between Eric and the car dealer.
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