"Kate passed her driving test..." - law assignment

Hi Sarah.

My nam is Tung, my friend told me that you are the best one i should seek for advices. I'm doing my law assignment but i am not really clear about it so i'd be appreciated if you could give me advices. I must submit it next week...( sorry i know about your website too late..). here is the situation:

"Kate passed her driving test and dicided it was time she purchased her own car. She asked Noel, a close friend to find a suitable second-hand car for her to buy. Kate stipulated to Noel that the car should not be one which had ever been involved in an accident. Noel agreed to this and agreed to do help her for no payment. Noel was not a mechanic but had had a lot to do with moto cars and was regraded by Kate as knowing much more about cars that she did.

Noel found a car which,Damien , a cae sprayer and panel beater, whom Noel had not priviously met, had for sale. Noel realized that the bonnet had been scrumpled and straightened or replaced but he nervertheless did not ask Damien if it had been in an accident and told Kate that it was in very good condition and that he highly recommended it. Noel further told Kate that Damien was a friend and when she asked if the car had been in an accident Noel said that it had not and there was no need to have it examined by a mechanic.

Relying on Noel's assurances, Kate bought the car. It was subsequently discovered that the car had been involved in an aciident and was unroadworthy and worthless; repairs had been carried out by Damien to disguise and conceal the true state of affairs."

Advise Kate as to whether she has any case against Noel regarding his remarks and recommendation about the car.
Also advise Kate what if any case she may have against Damien.

Thanks very much.

Greetings!

I can give you some general principles of law which might help, although I am not an expert on the law in your jurisdiction. Noel agreed to help Kate for free, so there was no consideration for a contract. This would normally mean that Kate could not recover damages from Noel. However, it was foreseeable that Kate would rely on what Noel told her was true, so she might have an action for damages against Noel on the basis of reliance. She might have a better case against Damien, as he had tried to hide the car's true condition, and might be guilty of fraud. However, if he sold the car "as is" in a jurisdiction which allows him to do that, he might not owe her damages, unless she could prove fraud.

I hope this helps!

Thanks,

Sarah, EssayForum.com

Hi Sarah

Thanks you very much, sure i'll pass this assignment.

Tung

I certainly hope so! You're welcome!

Sarah, EssayForum.com