This appeal arises from the decision of the high
court. The background is that the respondent
acquired a tractor from the appellant on loan
but later refused to pay full loan money on the
grounds of defects and inducement coupled
with negligence and other factors. At appeal it
was held that the respondent was induced and
awarded the damages hence this appeal. There
was also a cross appeal. The appeal is on the
ground of how crucial the preference of a
Mersey Fergusson was, the issue of
inducement, design defects, general damages
and the cross appeal was on the ground of non-
consideration to conclude fraudulent
misrepresentation, not discharging the
respondent from the contract, failure to
mitigate the losses.