ABSTRACT

In K Lill Holdings v White (1979), the practice of ‘zeroing’ the odometer, coupled with the use of a disclaimer, was approved by the divisional court of QBD since the purchaser would not be misled into thinking that the used car had covered no miles at all. However, this gives difficulties when the car passes into less scrupulous hands and the car is resold without the new low reading being disclaimed. It also seems to offend against the general principle laid down by the divisional court in Newman v Hackney Borough Council (below), to the effect that if you give the false description you cannot then disclaim the truth of it.