Eric purchased second-hand a car from Gumby Cars for €15,000 plus VAT. Eric likes the look of the and is about to inspect the car tires, suspension, engine, and interior of the car but the owner of Gumby Cars tells Eric that there is no need as the car is in perfect condition with no defects. Eric stops his inspection and then purchases the car.
Four weeks later Eric is driving his car on the road when the suspension collapses and the car tilts to the left, scraping along the road and two of the wheels fall off. A second car driving behind Eric then crashes into the back of Eric’s car because of the abrupt stop on the road. Eric reports this car accident to the Gardai. When the Gardai arrive at the accident scene and run the registration number of Eric’s car it is discovered that Eric’s car is stolen property and seized the car.
Eric is now out of pocket for the cost of the car, the car is undrivable and it has been seized by the Gardai which means that he will likely face criminal prosecution and will not have the car returned to him.
Ignoring the criminal law issue that Eric is facing, please advise Eric on the legal recourse, if any, available to him under the law of contract.
Please rely on contract law in your answer and refer to relevant case law and/or statute or legislation that could support your answer. Please reference the name and record number or year of any cases you are referring to in your assignment. Be careful to rely on Irish sources of law and if you refer to any international cases please identify them and use them to illustrate the argument.
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