Question
Tammy Hairdo is a naive 18-year-old (her birthday is on February 8) who loves fast cars but has never owned one. She also is obsessed
Tammy Hairdo is a naive 18-year-old (her birthday is on February 8) who loves fast cars but has never owned one. She also is obsessed with the colour yellow. Her family is well off (herDad'sname is Lenny Hairdo) and she receives a monthly allowance of $5,000 from a family trust.
Because Tammy thinks she is great and good looking, and deserves one, before Christmas of 2020 she decides she wants to buy a sleek new Lamborghini Aventador LP 700-4 from the local Lamborghini dealership located in Wilful, Nova Scotia.
On December 22, 2020, Tammy goes to the dealership and tells the salesperson, Danny Nemo, that she wants to order a yellow Lamborghini Aventador LP 700-4. Nemo says to Tammy that theAventador is the "best automobile in the world." Danny tells Tammy that the price of the vehicle is $380,000 and her monthly car payment will be $3,800 inclusive of taxes (payable at the end of each month), she has to pay a down payment of $10,000 by the end of 2020, and that the car can be delivered by January 14, 2021. Tammy pays the full down payment on the vehicle on December 23, 2020.
On January 15, 2021, a beautiful red Lamborghini Aventador LP 700-4 is delivered from Italy to the dealership, and when Tammy sees it she gets very angry and says to Danny, "I wanted yellow,you idiot, andit's a day late." Danny then tells Tammy that the price is $386,000 not $380,000, and that her monthly payments are $4,000 plus taxes. Tammy is infuriated but signs the bill of sale and installment payment contract (she does not read these documents) and races off down the road behind the wheel of her new LP 700-4.
Tammy pays $3,800 at the end of the January, and then on February 10, 2021 (two days after her 19thbirthday) she writes out the following paper and gives it to Danny:
"I hereby assign any legal responsibilities under the bill of sale and installment payment contract, with respect toLamborghini Aventador LP 700-4, to Lenny Hairdo
Dated this 10thday of Feb 2021
T Hairdo"
At the end of February 2012, no payment is made on the automobile, and when Danny emails Tammy on March 5, 2012, asking where the payment is, Tammy writes back as follows:
"You breached my contract with you by delivering late and it was the wrong colour, you idiots,so it is NOT the 'best car in the world.' At the time I was under the age ofmajority, so you took advantage of me, and the agreement is a nullity. In any event, my Dad now has the responsibility to make the car payments so if you are going to sue anyone, sue my old man. Regards."
The owner of the car dealership comes to you, their local lawyer, and wants to know what they legally can do and what Tammy might be able to do in these circumstances. In writing the opinion letter, please discuss all possible legal issues and arguments, and potential legal remedies for both sides of this dispute.
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