Question
Mr. Jones bought a new pick-up truck for his landscaping business from Victor Motors, an automobile dealership specializing in trucks. Unfortunately, while there were no
Mr. Jones bought a new pick-up truck for his landscaping business from Victor Motors, an automobile dealership specializing in trucks. Unfortunately, while there were no major defects with the truck, a number of small things kept going wrong, including wheel alignment, faulty wiring and a leaky exhaust system. In addition the truck tended to stall in heavy traffic. During the summer Mr. Jones had the truck repaired ten times. These small annoyances continued and finally, in disgust, he returned the truck to Victor Motors. However, Mr. Avenue the manager, pointed out to Mr. Jones that their contract contained a very extensive exemption clause excluding "all conditions or warranties, express or implied, statutory or otherwise," and refused to accept the truck back or to return Mr. Jones' money. Mr. Jones commenced legal action. What can Mr. Jones argue? What can Victor Motors argue?What would be the result?
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