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Miguel, a 16-year old mechanic’s apprentice, borrowed $3,000 from his next door neighbour, Jono, by telling him that he was 20 years old and had a good, stable income. The loan was payable in three equal fortnightly payments. After the first payment, Miguel stopped paying Jono. Jono wanted to bring a legal action against Miguel but when he discovered his real age, he decided instead to initiate an action in tort for deceit against the latter.

Will Jono likely be successful in his action in tort for deceit against Miguel? Explain your answer. (Maximum 400 words)

Charles wants to buy a pre-owned Harley-Davidson motorcycle and drops by several motorcycle dealerships before choosing to buy a good quality pre-owned, Softail model from Kenny’s Motorcycle Dealership. Kenny tells Charles that the motorcycle was manufactured in 2008 and had only done 12,000 kilometres.

After using the motorcycle for four months, Charles had it serviced at an authorised Harley Davidson repair centre. He was told by the repairman that the motorcycle was in a good condition, considering that it was made in 2004. The repairman did admit that he was surprised that it had done only 12,000 kilometres; because it was clear that the motorcycle had travelled way more than that.

Charles investigates further and finds out that the motorcycle was really made in 2004 and he paid about $4,000 more than what the motorcycle was really worth on the market. Charles wants to get a remedy against Pete’s Motorcycle Dealership. Explain to him his rights under contract law. NOTE: Do NOT answer this question based on Australian Consumer Law. (Maximum 350 words)