Marci owns Hearts Ltd, a car hire company. Sian wishes to hire a car to use for sightseeing
and to travel to visit friends in the next city. Marci tells Sian that her hire cars are ‘first rate,
regularly serviced and come with a free tank of petrol.’ Sian hires a car from Marci even
though other hire companies are similarly priced, because Marci states that she offers a
‘superior service’.
After picking the car up, Sian quickly realises that the car has not been cleaned for months.
Two days later, the engine explodes due to lack of maintenance. On returning the car, Marci
informs Sian that she is liable for the petrol used and the engine damage.
(a) Explain the legal difference between an invitation to treat and a representation.
(b) Discuss whether Sian can rely on the Misrepresentation Act 1967 to bring a legal
action against Marci.
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