On 01.03.2006, Mr. Clooney has given Mr. Pitt a particular Power of Attorney to sell his two cars, namely his Volkswagen Golf and his Audi A4.
On 03.03.2006, Mr. Pitt sold Volkswagen Golf of Mr. Clooney to Mr. Cruise for the amount of Rs. 300,000/-. In the same month, Mr. Pitt allowed one Ms. Kidman to hire the Audi A4.
In April 2006, following certain mechanical problems faced with the recently obtained Volkswagen Golf, Mr. Cruise finds out that, prior to the sale, the engine of car has been tampered with. He has sent letters, by way of registered mail, informing Mr. Pitt of his grievances but his letters have remained unanswered and thus he decides to claim damages in amount of Rs. 145,000/-.
1. Who must Mr. Cruise sue and why?
2. Before which court must Mr. Cruise lodge his claim and why?
3. Illustrate out why oral evidence will not be admissible to prove the sale of car. In what circumstances would oral evidence be permissible?
4. What complaint can Mr. Clooney have against Mr. Pitt?