O'Neil bought a new car from a Chevrolet dealer for family use. The contract he signed contained the following clause: "The parties hereto expressly agree that the dealer is not liable for any breach of condition or warranty, express or implied." He also bought a used car radio from the dealer for his old car, which he was keeping. The contract for the radio was not in writing. The car did not run properly; O'Neil had it back in the shop seven times in three weeks. It was finally determined that the problem was due to a faulty transmission. Unfortunately, the car radio didn't work either. On these facts, which of the following is true?
◦ The contract for the radio is not covered by the Sale of Goods Act because the radio was not new.
◦ The exemption clause in the contract for the car would succeed in defeating an action by O'Neil against the dealer for breach of contract.
◦ O'Neil has an action for breach of contract against the dealer, because the exemption clause does not defeat the dealer's obligation to deliver a properly performing car (fit for use) in a consumer transaction.
◦ The contract for the radio is not covered by the Sale of Goods Act because the contract was not in writing.
◦ The exemption clause does not apply to either because both involve fundamental breaches of contract.
A family pedigree of a dominant trait
Neopetalia punctata is a dragonfly, the only member of the family Neopetaliidae. It is endemic to Ar
Changes in Time Spent with Family Members
The Mulleta family of Ethiopia, described in the opening vignette.
Often one of the strongest family bonds is that of mother–daughter. The young artist, an eleventh ...
A scope display showing a normal Chevrolet Equinox MAF sensor at idle speed. the frequency is 2,600 ...