Reference no: EM133281782
Beaulah responds to the following advertisement in a local newspaper:
'FOR SALE: Expat leaving, selling USED 1995 John Deere Tractor, P160,000. Mileage, 300, 000 km. Tractor in amazing good condition, and female farmer driven, and has been used in farming friendly terrain.'
Beaulah calls and offers P150, 000 for the tractor. Anitah says that the tractor can be collected when the money is ready. Beaulah then goes to Anitah's's farm to collect and pay for the tractor. The parties conclude the contract and Beaulah collects the tractor.
After a week, the tractor breaks down. Beaulah then realizes that the tractor may not be in good condition as stated by Anitah. In addition, Beaulah learns that the truck was owned and driven previously by Anitah's grandfather, in very rough conditions, up until 3 months ago. She also discovers that Anitah is not leaving the country after all.
Beaulah has spent P50,000 in repairing the tractor and the tractor can only function in very limited terrain and she cannot fully utilize the tractor as she wishes.
Beaulah, who is no longer interested in keeping the tractor, seeks your advice as to her possible cause of action against Anitah, and whether she has any remedies or redress in contract law against Anitah.
Advise the parties.