From looking at the facts laid out by Bruce in his letter to me regarding his purchase of a second hand Mercedes from Asbury Motors it seems that the most likely action is that of misrepresentation. A Misrepresentation is defined at common law as a "statement of fact made by one party to the other party, which is false. And while not necessarily forming a term of the contract, is yet one of the main reasons which induces the later to enter into the contract" and is also governed by the Misrepresentation Act 1967.
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