Denise Wharton visited Harris Motors, a car dealership, with a view to buying a new car. While

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Denise Wharton visited Harris Motors, a car dealership, with a view to buying a new car. While she indicated that she was particularly interested in Cadillacs, she also sought the sales representative's advice. She explained that she was nearing retirement age and was looking for a car that was suitable for long, relaxing drives. She stressed that she wanted a vehicle with a good stereo and a quiet ride. The sales representative showed her several models, but focused on the Cadillac Eldorado Touring Coupe, a luxury vehicle. The sale was finalized when Denise paid $62 000 and drove the Eldorado off the lot. Unfortunately, the sound system soon developed a loud buzzing sound. That sound was almost constant, and it was loud enough to disrupt normal conversation. Not surprisingly, the noise caused Denise a great deal of frustration and disappointment. Her dream car had become something of a nightmare. Over the next two years, she returned the car several times to Harris Motors with the aim of having the problem solved. (Since she was from out of town, those visits to the dealership involved expenses amounting to $2500.) The dealer's mechanics were, however, unable to identify the source of the noise. Denise eventually gave up hope and sold the car to a stranger for $31 000. She now intends to sue Harris Motors under the Sale of Goods Act. What provisions should she rely upon and what arguments should she make? If her claim is successful, how will the judge determine the remedy? What losses did Denise suffer? (You may want to re-read parts of Chapter 12, which deal with remedies for breach of contract.)

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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