Exam 10: Owning and Operating Motor Vehicles

A disclaimer is a specific statement indicating a particular warranty does not exist,or limiting the warranty as to nature or duration.

The following are excerpts from advertisements printed in various magazines.Which,if any,are warranties? a.Chrysler "Town and Country" Minivan - The advertisement says "One test drive and even the most discerning luxury car owners realize they don't have to compromise anything to own a vehicle that's startlingly practical.Least of all,their standards." The advertisement mentions that "BMW's,Mercedes,Acura's,Jaguar's,Lincoln's,Cadillac's...are being traded in for the Chrysler...Minivan." (National Geographic Magazine,March 1994) b.General Motors "Sonoma Highrider" truck - "The new Highrider package is designed to handle the kind of trouble you'll find off-road...You sit high.Look good.Ride smooth." (National Geographic Magazine,March 1994) c.Ford "Escort" - "You can explain Escort's popularity in one word...Value...(also)...Because your security is our priority." (National Geographic Magazine,March 1994) d.Toyota "Sienna" - "Now you can sleep at night.With its five-star rating in government crash tests and a "Best Pick" by the Insurance Institute for Highway Safety,the Toyota Sienna gives you one less thing to worry about.So now you are down to only 999,999." (People Magazine,May 1999)

After a long,hard day at the office,Dell Peltz was happily heading his 300ZX sports coupe home in a light drizzle.Moving effortlessly onto the freeway,he smoothly moved back and forth across the lanes and passed slower-moving vehicles.Suddenly the drizzle became a cloudburst,reducing visibility.Dell turned his windshield wipers on high and reduced his speed to 50 mph.Again,he thought he was in complete control,and so he changed lanes to pass a car but suddenly slammed into the rear of a slower-moving truck driven by Bart.When cited by a patrol officer,Dell argued that he was innocent of any wrongdoing because he was traveling under the posted speed limit.Bart sued him for damages. a.Does Dell have a valid defense to the traffic citation? b.Discuss any civil action by Bart against Dell.

It is presumptively negligent for anyone to drive within one hour after drinking more than two liquid ounces of alcohol in any beverage.

The warranty of is a promise to the buyer that the seller possesses a good claim to ownership of the motor vehicle and is transferring it to the buyer.

Although a motor vehicle is personal property,many laws treat it somewhat differently than other personal property.Which of the following statements is true?

Buddy,in a benevolent mood,wants to give his car to his daughter,Claire,but he needed it for a trip first.He said to Claire,"I want you to have this car as a gift from me when I get back from my trip." Buddy had a second daughter,Brenda to whom he wanted to give his checking account.He wrote out a check to Brenda's order for the amount in the account and handed it to Brenda.To a third daughter,Maggie,Buddy told her to keep the carpet cleaner he loaned her a week ago as a gift.Has Buddy made any effective gifts? Discuss.

Jill and Felicenne were in an automobile collision causing severe damages to each auto and minor injury to Jill.

are created when personal property is temporarily delivered into the care of another without transferring title.

laws require that each driver involved in an automobile accident,regardless of fault,provide proof of financial accountability.

Knowing only that his brakes had failed in town instead of overheating in the mountains would change Leavitt's claim

The three requirements to make an effective gift,are ,, and .

One is legally required to stop along public highways and to assist persons who appear to have car trouble or who are apparently victims of an accident.

Guy Yamoto,who was certified in first-aid techniques,observed an accident scene as he was driving to work.Although no one was offering help at the accident site,it did not appear to Guy that the accident was very serious and so he drove on.He later learned that a person died who probably could have been saved easily through proper application of first aid.If the heirs of the deceased discovered that Guy had passed the scene without offering to help,then they would

While driving his new automobile home,Mickey Douglas had a flat tire.Disgusted,he called the automobile dealership and demanded that they pick him up and substitute another new car for the "defective one" he had received.Discuss Mickey's probable rights against the dealership in this situation.

The plaintiff who sues a negligent driver is legally limited in his judgment and recovery by the amount of public liability and property damage insurance that the defendant carries.

A VIN or vehicle identification number is useful because

In order to establish an implied warranty of merchantability Leavitt must prove.

The parol evidence rule holds that when persons have signed a contract as their final and complete expression of intention (integrated contracts),then neither party may introduce in court any evidence of prior or contemporaneous oral or written material that adds to or modifies that written contract.

Two basic types of insurance are available to pay for damages to your own automobile.They are and insurance.