TG v H Ltd [2019] NZDT 1338 (25 October 2019) [pdf, 304 KB]
...and “live foal free return” were misleading and created a reasonable expectation of a live foal for the price paid. I am not persuaded that this is the case. I am satisfied that it is expected that a live foal guarantee can take many different forms, and the actual form taken in the contract was sufficiently clear. A written contract was provided and signed that customers would be assumed to have read. This clearly states that there are one or more free returns if a live foal does...