Monica Natowicz recently bought a used car from Uncle Buck’s Car Yard. After owning it for only one week, the car’s engine faile
d, and her mechanic told her that she would have to change the engine. Monica complained to the owner of Uncle Buck’s Car Yard, Buck Buckley, that she had been tricked into buying a car with a defective engine. Specifically, Monica referenced the sign Buck had placed on the 10-year old Ford Escape that stated "the most reliable old car around," and "with an engine that lasts." Uncle Buck, on the other hand, told Monica that the car engine’s failing was likely a result of Monica’s negligent driving, and that he would not refund any money. Consequently, Monica took Buck to court, arguing that Uncle Buck had used deceptive advertising in selling her a used car. The court agreed with Monica, concluding the two claims were material misrepresentations that would likely deceive a reasonable consumer.
But what if the facts of the case were different? Select each set of facts below that could change the outcome of the case.
A- The car Buck sold to Monica did not have a buyer’s guide label attached to it at the time of the transaction.
B- The court opined that the two statements Buck had used to advertise the Ford Escape was a misrepresentation of the car’s quality and potentially misleading. However, the court concluded that a reasonable consumer would know to not trust, and subsequently be misled, by such statements in making a purchasing decision.
C- Uncle Buck included a label on the car that suggested that a buyer obtain an inspection for the Ford Escape before purchasing the car.
D- Instead of stating the two quotations that Monica references, Uncle Buck’s sign stated only the following: "the best car to have ever existed."
Answer: The best option that can change the court decision is if "Uncle Buck included a label on the car that suggested that a buyer obtain an inspection for the Ford Escape before purchasing the car". Option C is the most correct option.
Explanation: The court has held Uncle Buck guilty of deceit because his statement on the Ford escape car was found to be false and deceiving costumers about the car.
Uncle Buck may be right in his argument, that the car engine was very good at the point of sale. The fault in the engine developed due to rough usage of the car by Monica. But because the court has not means or method to validate is argument, so it was proven void and non exiting.
The only way Uncle Bill yard argument about the car would be valid was if Uncle bulk yard has stated, that the car engine should be tested before purchase. If this was stated the court will assume Uncle Buck was right, that Monica has tested the car engine and observed that it was working perfectly, before she purchased the car.
A- The car Buck sold to Monica did not have a buyer’s guide label attached to it at the time of the transaction.
Explanation:
This is the only fact that can change the outcome of the case. The court will blame Monica for not checking properly for buyer's guide label at the time of transaction.
A civil case usually begins when one person or business (the "plaintiff") claims to have been harmed by the actions of another person or business (the "defendant") and asks the court for relief by filing a "complaint" and starting a court case. ... A case also might be resolved by the parties themselves.
