COMM 393 Chapter Notes -Implied Warranty, Fundamental Breach
Document Summary
Plaintiff purchased used automobile from the defendant company, which is in business of used automobile sales. During test drive, plaintiff noticed engine stalled a few times. Paid for vehicle, including tax and warranty; began to experience difficulties with vehicle very soon after sale. Has there been a breach of an implied warranty of fitness according to the sale of. Fundamental breach of contract: where there is a breach of contract so serious that workable nature of goods sold is destroyed & goods cannot be repaired. In this case, no fundamental breach because car was repairable. Decision: yes, but there is an exclusionary clause in the contract, no, the defendant didn"t engage in an unfair practice. Issue: did eddie"s auto sales breach sga s. 20, and is there a fundamental breach of contract. Sales of goods act s. 20: if dealer sells used goods to ordinary consumer may include exclusion clause excluding liability for breaches of s. 17-19.
