Question
Jim owned a used car that he wished to sell. It was a 1985 Honda Accord with 120,000 miles on it. The odometer stopped a
Jim owned a used car that he wished to sell. It was a 1985 Honda Accord with 120,000 miles on it. The odometer stopped a couple years ago. The odometer showed 95,000 miles on the car. Jim recently had the odometer repaired. The car had been wrecked at one point, but that damage had been repaired as well. Jim bought the car used.
Jim offered the car for sale in an ad which stated: For sale, 1995 Honda Accord, 110,000 miles, one owner, in great shape. Price is $5,000."
Sue bought the car from Jim for the asking price of $5,000 after taking it for a test drive.
As she was driving the car 2 weeks later, she struck Lisa's car from behind when Sue didn't see Lisa's car slowing. Sue was texting. Just before the accident, Lisa slowed her car to 10 miles per hour below the posted speed limit for no particular reason. Lisa suffered a "Whiplash" injury to her neck. She also suffered damage to the rear bumper of her car, which could be repaired. Sue suffered no injuries, but did suffer some damage to her Honda's bumper.
Use the IRAC approach to identify and discuss:
- The causes of action Lisa may have against Sue including the necessary elements of each claim. (IRAC issue 1)
- The defenses, if any, Sue may have to Lisa's claims. (IRAC issue 2)
- The causes of action and remedies, if any, available that Sue may bring against Jim. (IRAC issue 3)
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