Reference no: EM133291198

Assignment:

Jack is a professional cyclist. In July 2022, he went to a local bike shop, BeckyBike, to purchase two mountain bikes. The shop owner, Rebeca, was in the shop and introduced him to two wonderful looking bikes. He asked her how much the bikes were, and Rebeca said: "If you take both of them, I will charge $20,000".

Jack was rather surprised by the high price and said: "I do need good bikes as sometimes I compete, but I would never buy two bikes for $20,000. That is absolutely insane". Hearing this, Rebeca assured him by saying that "these bikes are designed for professional competition. There is this world champion called Jeff Chang who competed with the exact same bike." Hearing this, Jack replied: "Well! That sounds like a deal I cannot turn down. I will take them. Maybe they will boost my career." He then bought the two bikes.

Later on, he found on the internet that Jeff Chang indeed owned this type of bike, and they were indeed $10,000 each in January 2020. However, after testing it in training in 2021, Jeff Chang posted on Instagram that it was the worst bike he had ever used and would never compete with it. Since the beginning of 2022, the market price for that model of bike is only $500.

Required:

1) What claim can Jack make against BeckyBike under the Contract and Commercial Law Act 2017?

2) Would your answer to (1) be different if the contract validly incorporated the following clause: "The Buyer acknowledges that he has entered into the contract entirely relying on their own investigations and judgment and not on any representation, warranty or guarantee given by the Seller."?