Bob, owner of a pizza business, went with his wife to pick out a
new family car. Since they already knew the make and model they
wanted, it did not take long before the contract was signed by the
wife for a new 2017 Chevrolet. While the paperwork was being done,
Bob talked with another salesman about the used cars on the lot,
telling him that he needed a mechanically sound car but not a new
car for his business. The salesman showed him one that he said was
in good shape and would give several years of service. Bob made a
very low offer that the salesman accepted, much to Bob's surprise.
The contract Bob signed, like his wife's, contained a clause
exempting the seller, B & S Motors, from liability for breach
of any conditions and warranties, including any implied conditions
and warranties under the Sale of Goods Act. A few weeks after the
sale, the wife and daughter were injured in an accident caused by a
faulty steering mechanism in the new car purchased by Bob for the
business. Furthermore, the used car was not in good shape and
lasted weeks, not years. Bob is furious and wants his money back
for both cars. How can he do business with such dishonest
people?
• What is the legal issue? • What is the legal test? • Arguments
for the plaintiff? • Arguments for the defendant?
Bob, owner of a pizza business, went with his wife to pick out a new family car. Since they already knew the make and mo
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Bob, owner of a pizza business, went with his wife to pick out a new family car. Since they already knew the make and mo
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