Read the full judgment text of HCA 000088/1999 on BabelCite. This High Court CFI judgment was delivered on 3 August 1999.
1. This is an application for summary judgment by a buyer of a new motor car which has been plagued with defects since its purchase. The supplier asserts that the car was of merchantable quality when it was delivered and asserts that, by keeping the car for some 6 months and some 5,000 km, the buyer has anyway lost any right she may have had to rescind the contract and reject the car. The evidence in the buyer's favour appears strong but the only question I have to decide now is whether the case