What claims Williams make against Tindal Automotive Company

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Reference no: EM133218938

Question - Dickson Ralph is the proprietor of the Splendid Motor-vehicle car dealership, where he sells motor-vehicles manufactured by Tindal Automotive Company. Williams went to Splendid Motor-vehicle and told Dickson Ralph that he wanted to buy a Model Tussling Tindal car that was any color other than red. Dickson Ralph told Williams the car would be ready on Friday, 31 January 2022.

When Williams arrived to pick up the car, he discovered that it was bright red. Williams refused to accept the car, explaining that he believed drivers of red cars got more speeding tickets because the color caught the eye of Traffic Patrol officers. Dickson Ralph told Williams his concern was unfounded. Dickson Ralph offered to let Williams try out the car for three months with Dickson Ralph's guarantee that Williams would not incur any speeding-related costs because of the car's color. Williams then signed, without reading it, a document that Dickson Ralph said was a temporary use license. The document was actually a contract between Dickson Ralph and Tindal Automotive Company as the sellers, and Williams as the buyer, to buy the car for N$ 200,000. The contract stated, in the same size font as the rest of the printing in the contract: "Tindal Automotive Company disclaims any and all warranties, express or implied."

In February, Williams got three speeding tickets from the Traffic Police Officers. Each time, the Traffic Police officers told Williams that the bright red color of his car had caught their eye and that they otherwise would not have seen him speeding. Williams had to pay a total of N$7,700 in fines for the speeding tickets. Williams decided to return the car. Before he could do so, Williams had to pay N$ 6,000 to have the car's faulty transmission repaired. Dickson Ralph refused to accept the car back.

1. What claims, if any, may Williams make against Dickson Ralph and what damages could he recover? Discuss fully reference and mention any sources used for your answer

2. What claims, if any, may Williams make against Tindal Automotive Company? Discuss in full and mention any authorities used for your answer.

Reference no: EM133218938

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