Question
Shania owns a used car dealership, called Premier Used Cars (Premier). Jennifer will be 18-years old in two months. She just graduated from high school
Shania owns a used car dealership, called Premier Used Cars (Premier).
Jennifer will be 18-years old in two months. She just graduated from high school and got a great job as an Assistant Manager at a local bank only 15 miles from her home. She went to Premier to buy a low-mileage sedan so she could get to work and have fun without the burdens of high school.
Jennifer expressed toShania that she only wants to purchase a car with less than 30,000 miles. Shania directed her to a used Honda Civic with only 20,000 miles on it. Shania advised Jennifer that she is selling the Civic for a low price because it has been on the lot for over three months.
The fact was that the Honda Civic has 100,000 miles on it. Shania had rolled back the odometer to 20,000 miles that same morning. Based on Shania's representations, Jennifer purchased the car for $12,000.00.
Jennifer immediately had mechanical problems with the car and regretted buying it. Later that week, Jennifer saw on television news that Shania was arrested for unfair and illegal business practices at Premier, including rolling back odometers, selling cars that had been in a flood without revealing the cars had been flooded, and similar practices.
Instructions:
1. Analyze whether Jennifer can disaffirm the contact based on Shania's fraudulent conduct and why.
- Include the application of the four elements of fraud in your analysis.
2.Assume that Shania did not change the odometer on the car Jennifer purchased and that all the representations Shania made about the vehicle were accurate.
Analyze whether Jennifer can disaffirm the contract because she is a minor?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started