Imagine it is 2014, you and your spouse go to a VW dealer (in the US) and explain that you are looking for a family car that is good for the environment. As you talk with the sales person you explain that you have a young daughter with asthma and you want a car that will not contribute to the smog in your community, which you have learned causes your daughters asthma to get worse.

The salesman tells you that you should get the 2014 Passat DTI. You follow his recommendation and purchase the car. In 2015, your daughters asthma condition is worsening and then you learn about the VW scandal.

1. Pick one type of tort could you use to try and recover from VW (assuming there were no class actions, etc. preventing you from filing your own case)?

• Tell me the tort, tell me the requirements for the tort, tell me how you would prove your case.

2. Would your purchase of the Passat fall under common law contracts or under the UCC? Why?
3. If you believe it falls under the UCC (hint, hint), what if any warranties may have been breached?
4. Think back to the beginning of the class and the WPH framework. If you were a high-level executive at VW and you were trying to decide what to do, what approach would you take to make an ethical decision? (You can apply the WPH framework to before the scandal occurred or after. Please tell me which one you picked.)
5. Provide a critique of Volkswagens response in the aftermath of the scandal.
6. Do you think that consumer opinion of Volkswagen was damages by this scandal?