JUDGMENT

Wee Chong Jin CJ (delivering Judgment of the Court):

The appellants are dealers in secondhand cars. The respondent, Mr. Kerr is an RAF officer stationed in Singapore. He does not drive but his wife does, having possessed a driving, licence for about ten years. In February 1970 they were minded to buy a secondhand car. Mrs. Kerr with a friend saw and liked an eight year old BMW Coupe 1962 model car at the appellants' premises. She visited the appellants' premises again on 12th February 1970 accompanied by her husband. On this occasion she took the car for a test drive accompanied by a Mr. Lee, the chief mechanic of the appellants. She drove the car for three miles or so.

After the test drive a bargain was struck. The respondent agreed to buy the car for $1,400 and gave the appellants a cash cheque post-dated to 1st March 1970 in full payment. He took delivery of the car two days later on Saturday 14th February 1970 through his wife who had the day before taken out a policy of insurance on the car, paid the road tax and obtained a Singapore driving licence. On the day she took delivery of the car she signed on behalf of the respondent a document which stated, inter alia "I