LLB/LAW 323 Wks 4-5 tutorial problem

Don, a young American wished to buy a kombi van to allow him to travel around Australia. When visiting Perth, Don read an advertisement in the West Australian which said: 'Sale, new kombi vans -- $5,500'. Don accordingly visited 'Kombis Galore', a cars sales business that sells exclusively kombi vans. Sam, the salesman told Don all the advertised vans had already been sold. Don was disappointed to hear this. Sam talked Don into looking at some of the second-hand vehicles in the yard. It so happened that Don took a liking to a blue kombi which had only done 30,000 kilometres. Because Don wished to drive the kombi to the far reaches of the Nullabor Plain, the option of a van with low kilometres was attractive. You are to advise Don in relation to the following circumstances involving the kombi van:

1. Don was told by Sam that the kombi was a 2000 model. When asked about the low kilometres, Sam told Don that it had been owned by a couple who had only driven the van around Freementle. Although Sam believed this to be true, he had not performed any checks on the van nor sought details concerning the kombi's mechanical history or servicing. Not long after buying the kombi the brakes failed. Nate, the mechanic informed Don that he knew the kombi well. He said that it had been driven up and down the coast for years, and that someone must have wound back the odometer.
2. Don was told by Sam that the kombi was covered by a road side assistance service. Sam said the service gave Don 'very comprehensive cover-even if you get bogged down on the Nullabor, they will rescue you'. In fact, the roadside assistance service does not apply outside the Perth city limits.
3. Don was recommended by Sam to install a radar detector. Don queried the need for this, especially as kombis are not known for their speed. Sam told Don it was essential for vehicles travelling the Nullabor to have a radar detector. Don had the radar detector installed, but soon after, Don was told to 'pull over' by Constable Ken. To Don's disappointment, Constable Ken told him that radar detectors are, in fact, are not allowed to be used in Western Australia.
4. Don had found out that, despite the advertisement, there were never any new kombi vans for sale. The advertisement was an advertising ploy to encourage buyers to visit 'Kombis Galore'.