Unique design and metallic strap

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Reference no: EM133803498

Question

Betty was browsing an online marketplace for secondhand items when she found a listing for a watch with a unique design and a metallic strap, which was being advertised for sale by a person named Sharon. Betty was keen to buy the watch due to its unique design. She contacted Sharon and texted her the following question, "What is the material used for the watch strap?" Sharon replied to Betty, "The watch strap is made of titanium, I think". Actually, Sharon was unsure about this, and even though she (i.e. Sharon) could have checked with the shop where she had originally bought the watch, she did not do so as she found it troublesome.

Betty was delighted when she read Sharon's reply, as titanium is a premium material that is lightweight and durable. Betty agreed to purchase the watch, and she made payment to Sharon. When the watched was delivered to Betty, she found the strap to be unexpectedly heavy, and therefore unlikely to be made of titanium. When she brought the watch to a watch shop to be examined by an expert, she was told that the strap is made of stainless steel (which is a cheaper material).

Question 1

Assume that the following statement made by Sharon to Betty is a representation (and not a contract term): "The watch strap is made of titanium, I think". Based on the facts and circumstances given in the scenario in relation to this representation, discuss and conclude whether Betty would be entitled to rescind the contract with Sharon on the basis of misrepresentation.

Question 2

Kindly state in-text citations or references related to the above case study.

Reference no: EM133803498

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