Chapter 47, Problem 20Q

On March 17, Peckham bought a new car from Larsen Chevrolet for $16,400. During the first one and one-half months after the purchase, Peckham discovered that the car’s hood was dented, its gas tank contained no baffles, its emergency brake was inoperable, the car did not have a jack or a spare tire, and neither the clock nor the speedometer worked. Larsen claimed that Peckham knew of the defects at the time of the purchase. Peckham, on the other hand, claimed that he did not know the extent of the defects and that despite his repeated efforts the defects were not repaired until June 11. Then, on July 15, the car’s dashboard caught fire, leaving the car’s interior damaged and the car itself inoperable. Peckham then returned to Larsen Chevrolet and told Larsen that he had to repair the car at his own expense or that he, Peckham, would either rescind the contract or demand a new automobile. Peckham also claimed that at the end of their conversation he notified Larsen Chevrolet that he was…

Bob offered to sell Teresa his used motorcycle. She took a look at it and asked Bob how it ran, to which Bob replied that it was in good shape. Teresa thought the motorcycle was two years old when she purchased it. A few days later, she discovered that it was actually five years old. She asks Bob to take back the motorcycle. He tells her no way, that he thought she knew the age of that model, and that she should have asked him if she had any uncertainty. If Teresa sues, who is likely to win and why?

Robert sold used cars, but he had little or no knowledge with respect to the technical aspects of any of the vehicles that he sold. Ray was seeking to buy a Honda Civic and Robert gave his opinion as to the speed of the car and its durability. Ray subsequently finalized the purchase and took control of the car. Two weeks after the purchase, the Honda Civic broke down and required extensive mechanical repairs. Ray is angry and is of the view that Robert misrepresented the condition of the car when he sold it. Ray is of the opinion that as a Used Car Salesmen, Robert should have known that the car was indeed in poor mechanical condition.   Please advise Ray using the IRAC method