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Case summary:
Person H, a minor purchased a car from person L for $11,250 with $1,000 down and balance in $125 weekly instalments. After H paying four instalments, connecting rod in car engine broke and person H left it in garage and informed person L of repair cost $637.40 and asked him to pay the bill. But, person L never paid the bill. Garage removed the car engine and transmission for the repair cost and left it in person H’s father house. Person H requested person L to remove the car but person L refused. Person H sued for the return of his payments and person L counter-sued for the return of his car.
To discuss: On whose favour should court rule.
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Chapter 14 Solutions
Lms Integrated Mindtap Business Law, 1 Term (6 Months) Printed Access Card For Mann/roberts’ Smith And Roberson’s Business Law, 17th
- Michael, a minor, operates a one-man automobile repair shop. Anderson, having heard of Michael’s good work on other cars, takes her car to Michael’s shop for a thorough engine overhaul. Michael, while overhauling Anderson’s engine, carelessly fits an unsuitable piston ring on one of the pistons, with the result that Anderson’s engine is seriously damaged. Michael offers to return the sum that Anderson paid him for his work, but refusesto pay for the damage. Can Anderson recover from Michael in tort for the damage to her engine? Why or why not?arrow_forwardPeters paid Davis $1000 for carpeting which was installed in Peter's home on March 1, 1974. Peters immediately noticed a defect in the carpets and notified Davis. Davis's employees attempted several times to fix the carpets but were unsuccessful. On May 1, Peter wrote Davis and rejected the carpet demanding a full refund of the purchase price. Davis failed to remove the carpet. What will be the result?arrow_forwardJoseph Eugene Dodson, age sixteen, purchased a used pickup truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $14,900 in cash for the truck. At the time of sale, the Shraders did not question Dodson’s age, but thought he was eighteen or nineteen. Dodson made no misrepresentation concerning his age. Nine months after the date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain. Dodson, who could not afford the repairs, continued to drive the truck until one month later, when the engine “blew up.” Dodson parked the vehicle in the front yard of his parents’ home and contacted the Shraders to rescind the purchase of the truck and to request a full refund. a. What arguments would support Dodson’s termination of the contract? b. What arguments would support Shrader’s position that the contract is not voidable? c. Which side should prevail? Explain.arrow_forward
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