Question: In assessing assignment responses, we will be looking for: evidence of a working knowledge and understanding of the contract law covered in topics 1 to

In assessing assignment responses, we will be looking for: evidence of a working knowledge and understanding of the contract law covered in topics 1 to 5; ability to identify relevant issue(s), identify relevant law, apply the law to the issue(s), and draw reasoned and logical conclusions; well-structured and fluent writing style with sufficient attention to detail; Use IRAC style; appropriate use of resources to support your arguments; and appropriate references and referencing system.

Factual Scenario Caesar is a self-employed truck driver who resides in Pago in the Republic of Kongo. He earns most of his income by hauling fresh fruit and vegetables using a 2021 Volvo prime mover truck with a refrigerated trailer attached. In most weeks, he made three return trips between Pago to Port Mago (the capital city of Kongo). In February 2025, Caesar decided that he wanted to replace his 2021 Volvo prime mover with a newer model truck. He was worried that the engine was beginning to wear out and if he continued to drive it between Pago and Port Mago three times a week, the truck would break down. Caesar visited Pago Motors where he saw two Volvo prime mover trucks for sale. One Volvo truck was a 2025 model, on sale for $350,000, and the other Volvo truck was a 2019 model, on sale for $270,000. Caesar had only $50,000 of savings and his bank had told him that he would be able to get a loan for up to $250,000 only - so Caesar focused his attention of the 2019 Volvo model truck, although he would have preferred to buy something newer. Caesar spoke to Spiro, the owner of Pago Motors and said 'I need a reliable prime mover truck that is capable of carrying heavy loads of goods to be delivered to the customers on time between Pago and Port Mago. Will the engine in this truck be able to do this? Spiro told Caesar that the 2019 Volvo prime mover truck had a new engine installed in 2016, so the engine was 'as good as new and it will have the engine capacity and performance to transport heavy loads to your customers on time'. Caesar then asked Spiro whether the truck was suitable for three return trips between Pago and Port Mago each week. Spiro said 'I think so. As you know, Volvo trucks are very reliable.' On 3 March 2025, after arranging the necessary bank loan, Caesar took delivery of the 2019 Volvo prime- mover truck and paid $270,000 to Pago Motors. When handing over the prime mover truck to Caesar, Spiro also handed Caesar a bundle of papers which he described as a 'complete service history' of the prime mover. Spiro had obtained these papers from the previous owner but had never read them. Caesar placed the papers in the glovebox of the prime mover truck but did not read them. Caesar started using the 2019 Volvo prime mover truck in his road transport business. Caesar enters into a contract to transport heavy load of bananas from Pago to Port Mago where they would be delivered to banana sellers at the fresh fruit market in Port Mago by 8am on 22 April 2025. His contract with the banana sellers also contained a term to the effect that there would be a reduction of the fee payable to him if he did not deliver the bananas to the market by that time. Caesar leaves Pago early in the morning on 21 April. However, the engine in the truck began to overheat, which caused the truck to break down just outside Bale, a small town about half way between Pago and Port Mago. Caesar then spoke with Boule, the owner of Bale Motors which is the only car and truck repair business in Bale to see if Boule can fix it. Caesar says to Boule 'I need this engine fixed as soon as possible. I have customers waiting for delivery of these bananas by 8am tomorrow and if they do not get it in time then they will reduce my delivery fee'. Boule says 'I can fix it, but it will take about six hours to fix and it will cost you $15,000 for the repair job'. Caesar thought the repair cost was expensive and the repair time excessive, but agrees to Boule to start repairing the engine for that price and within that timeframe because he was desperate to deliver the bananas to Port Mago on time. Caesar then waits for five hours while Boule repairs the engine. At the end of the fifth hour, Boule says to him 'This repair job is more complicated than I thought. I will now need to charge you $30,000 for the repair job and it will take until 6am tomorrow morning to fix it'. Caesar says 'But you already agreed with me to fix the engine in 6 hours for $15,000'. Boule says 'I don't care. If you don't agree to this new price and new time-frame for repair then the engine won't be fixed in time for you to deliver the bananas by 8am tomorrow and you will not be able to find another repair business to help you because I am the only one in Bale'. Caesar reluctantly agrees to the new repair price of $30,000 and the new repair time. Boule fixes the engine by 6am on the morning of 22 April and pays Boule the $30,000. However, because of the time-delay with the repairs, Caesar is still late in delivering the bananas to Port Mago and does not deliver the bananas until midday on 23 April 2025. This means Caesar received $6,000 less than he would have received had he delivered the bananas to the sellers on time. When Caesar returned to Pago on 22 April 2025, he then read the service history papers which Spiro had given to him. He then discovered that the 2019 Volvo prime mover did not have a new engine installed in 2016 and that the old engine had merely been 'reconditioned'. Reconditioning is when an old car or truck engine is repaired or rebuilt rather than being replaced with a completely new engine. Caesar also showed the reconditioned engine and the repair invoices from Bale Motors to Steve, his usual mechanic in Pago. Steve said that 'there was no way that a reconditioned engine would be able to carry heavy loads such as the bananas without the engine overheating and breaking down' and that the work done by Bale Motors 'was worth only about $8,000-9,000'. Caesar gets angry and then goes to Pago Motors and says to Spiro 'If I had known that this engine in this truck was reconditioned, I would never have purchased it. This truck has cost me a lot of money with repairs and reduced fees from my customers'. Spiro says 'I had no idea the engine was reconditioned. I really thought it was replaced with a new engine in 2016. Oh well, It's not my problem. You should have read the services history papers before purchasing it'.

Discuss what legal rights (if any) Caesar has against Pago Motors and Bale Motors.

For the purposes of answering the question, assume that Kongo has received English common law and that British statutes of general application enacted before 1 July 1976 apply in Kongo.

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