Robinson then signed the contract. After the truck broke down four times, Robinson sued. Will Robinson be successful? What defenses can Branch raise?
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Robinson, a truck driver for a moving company, decided to buy a used truck from the company. Branch, the owner, told Robinson that the truck was being repaired and that Robinson should wait and inspect the truck before signing the contract. Robinson, who had driven the truck before, felt that inspection was unnecessary. Again, Branch suggested Robinson wait to inspect the truck, and again Robinson declined. Branch then told Robinson he was buying the truck “as is.” Robinson then signed the contract. After the truck broke down four times, Robinson sued. Will Robinson be successful? What defenses can Branch raise? |
Explanation
There is a warranty disclosure that a buyer needs to complete before purchasing a vehicle, which requires a full examination of the vehicle, but Individual R has not done the same. So, Individual R cannot sue the seller.
The seller has already fulfilled the implied warranty conditions by reminding Individual R twice to examine the truck, but Individual R has not met the condition. So, the seller cannot be held liable.
Sample Response
Individual R's contention is wrong because of the breach of the implied warranty condition of the vehicle. The seller can defend by claiming that Individual R refused vehicle inspection before purchasing.
