CIRCUIT COURT president Mr Justice Matthew Deery said the question of a written warranty did not arise in a case where a Co Dublin man sued a garage over a dangerous and defective turbo-charged Subaru Legacy car.
Purchaser Francis White was entitled to believe the car was “in fair and straight condition” as represented to him by Jim Moriarty, head of Motoright Ltd, Greenhills Industrial Estate, Walkinstown.
Barrister Martin Collins said it transpired the car was unroadworthy, with gearbox, steering, clutch and electrics problems. Motoright had refused to repair the vehicle or return the money.
Mr Moriarty told barrister Stephen O’Sullivan, for Motoright, that twin turbo cars were bought to be driven hard. His garage would not give a warranty with such a car. Judge Deery awarded Mr White a decree for €13,000 against Motoright and directed the car be returned to the garage.
