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Kobi Was Thrilled About His First New Vehicle Purchase

Question 67

Multiple Choice

Kobi was thrilled about his first new vehicle purchase.He borrowed funds from his bank with which to purchase the car.Unfortunately,just a few days after he purchased the vehicle,the pistons in the engine overheated causing the engine to seize and rendering the vehicle unusable.No one was injured,but Kobi is very upset about his vehicle and plans to sue.Which of the following is the most likely resolution of his claim?


A) He will be allowed to proceed only if he can establish that he did appropriate research prior to purchasing the vehicle and had no reason to know that it was likely to be defective.
B) He will be allowed to proceed if his sales contract contains a disclaimer that includes the word merchantability.
C) He will be allowed to proceed so long as he is up-to-date on his loan payments.
D) He will not be allowed to proceed because the only avenue for this type of claim is through a negligence action.
E) He will be allowed to proceed because the vehicle was in a defective condition.

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