BCC 199/2006

This case involved a request to dismiss a sales contract for a car because the car had a technical fault. It was irrelevant that an ordinary person would not have spotted this fault. It was easy for the claimant to spot the fault and he had not informed the defendant about them.

Background

A claimant filed a case against a car exhibition and a defendant before the civil court requesting the dismissal of a sales contract dated 30/01/2002 and that the defendants pay an amount of money and interest. The claimant said that he had bought a car from the exhibition and he discovered later that the car had a technical fault.

The court rejected the case against the exhibition because it was filed against an irrelevant party and dismissed the case against the defendant.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision