Question
Kwan purchased a new Mercedes Benz automobile from a dealership for $46,370.24. During the first year of ownership, he returned the car at least 10
Kwan purchased a new Mercedes Benz automobile from a dealership for $46,370.24.
During the first year of ownership, he returned the car at least 10 times for
numerous repairs, some of which Kwan complained were repeat problems that
were never fixed correctly. Ultimately, Kwan returned the car for a refund, which
was refused. Kwan sued for a refund and for damages for emotional distress. Kwan
testified that the repeated efforts to get the car repaired and the operational
problems he considered un safe, made him "frustrated and mad," "sad," "nervous,"
and "worried about the safety for the family." The jury awarded Kim $10,000 for
emotional distress.
First, which warranties can Kwan claim have been violated? Why? Under which
law might Kwan be entitled to damages for distress? Why?
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