Question
Chris bought a new six (6) cylinder truck from Inland Truck Sales (Inland) for $26,000 for the purpose of hauling paving stone for his landscaping
Chris bought a new six (6) cylinder truck from Inland Truck Sales (Inland) for $26,000 for the purpose of hauling paving stone for his landscaping business. The purpose for purchasing the truck was explained to the senior salesperson Slippery Sam (Sam) at Inland, and Chris relied on the salesman's representation that the truck would do the job. A contract was signed by Chris and Sam (Sam signing on behalf of Inland) that included an exemption clause contained in fine print on the back page of the contract that excused Inland from liability "arising from any breach of condition or warranty whether express, implied, statutory or otherwise".
- After only two weeks of hauling paving stone the engine of the truck broke down. The engine was found to be utterly useless by a mechanic as it was inadequate to pull the weight of the paving stone. A much higher powered eight (8) cylinder engine was necessary for the job. Inland refused to take the truck back. Chris sues Inland and Sam.Identify three (3) legal issue(s) in this case (3 marks) - one from an area of law prior to the midterm dealing with tort law and the other two from an area of law after the midterm. State the issues as a question for the court from the point of view of the plaintiff.
- What rule(s) of law will apply in this case (2 marks).
- Develop arguments for the defendants, applying the rule(s) of law to the facts (1 mark).
- Develop arguments for Chris, applying the rule(s) of law to the facts (2 marks).
- Who will win the lawsuit? Give reasons for your answer (2 marks).
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