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MMLU / A man went shopping to buy a used car. He found one on a used car lot that was…

Problem

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question

A man went shopping to buy a used car. He found one on a used car lot that was offered "as is." He looked at it thoroughly. The tag on the window indicated a special 30-point inspection was done on the car. The 30 points included the drive train, the engine, spark plugs, oil, transmission, and numerous other major items. The man put a $1,000 down payment on the car. He took the car to an independent mechanic who told him that the car had been in an accident and had sustained severe damage, including a cracked engine block. The mechanic offered that the dealer must have known of that kind of massive damage. The man tried to return the car and get his down payment back, but the dealer refused, claiming the car was sold "as is," and all express or implied warranties under the Uniform Commercial Code were disclaimed in the purchase contract. Stuck with a lemon, the man sued the company under a common law fraud theory. The company counterclaimed for the balance of the purchase price. Will the man likely prevail in the litigation against the car dealer?

choices

  1. Yes, because the dealer withheld material information intentionally and knowingly misrepresented the condition of the car.
  2. Yes, because the dealer has a duty to give every reason why an "as is" car may go bad and to list those reasons on the window.
  3. No, because the dealer cannot be held responsible for possible damage that the used car may have developed after years of use.
  4. No, because the dealer is absolutely protected when he sells a used car in "as is" condition, and where the warranties under the Uniform Commercial Code are duly waived.

subject

professional_law

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Source and history

task_id
83d8a06d-f2be-5032-bc79-b6b7986a2ce1
task_key
all--test--83d8a06d-f2be-5032-bc79-b6b7986a2ce1
task_revision_id
1
config / split
all / test

Official source

initial import