Monica Natowicz recently bought a used car from Uncle Buck’s Car Yard. After own

Question

Monica Natowicz recently bought a used car from Uncle Buck’s Car Yard. After owning it for only one week, the car’s engine failed, and her
mechanic told her that she would have to change the engine. Monica complained to the owner of Uncle Buck’s Car Yard, Buck Buckley, that
she had been tricked into buying a car with a defective engine. Specifically, Monica referenced the sign Buck had placed on the 10-year old
Ford Escape that stated “the most reliable old car around,” and “with an engine that lasts.” Uncle Buck, on the other hand, told Monica that the
car engine’s failing was likely a result of Monica’s negligent driving, and that he would not refund any money. Consequently, Monica took Buck
to court, arguing that Uncle Buck had used deceptive advertising in selling her a used car. The court agreed with Monica, concluding the two
claims were material misrepresentations that would likely deceive a reasonable consumer.

But what if the facts of the case were different? Select each set of facts below that could change the outcome of the case.

A- The car Buck sold to Monica did not have a buyer’s guide label attached to it at the time of the transaction.

B- The court opined that the two statements Buck had used to advertise the Ford Escape was a misrepresentation of the car’s quality and
potentially misleading. However, the court concluded that a reasonable consumer would know to not trust, and subsequently be misled,
by such statements in making a purchasing decision.

C- Uncle Buck included a label on the car that suggested that a buyer obtain an inspection for the Ford Escape before purchasing the car.

D- Instead of stating the two quotations that Monica references, Uncle Buck’s sign stated only the following: “the best car to have ever
existed.”

Explanation / Answer

a. The car Buck sold to Monica did not have a buyer’s guide label attached to it at the time of the transaction.

In this case the outcome of the court will be in favor of Monica as the buck failed to produce buyers guide label attached to Monica during the time of transaction. This was done to mislead the buyer about the age of car and buck used his influence to sell this car which is not up to market standards.

b. - The court opined that the two statements Buck had used to advertise the Ford Escape was a misrepresentation of the car’s quality and potentially misleading. However, the court concluded that a reasonable consumer would know to not trust, and subsequently be misled, by such statements in making a purchasing decision.

In this situation buck can escape from paying money to Monica as the court has told that the product sold to Monica was not a new product so it’s her responsibility the she should have checked it before buying it rather than believing blindly. In case of purchasing old items from any person one should properly inspect the item and after that he should purchase it because in such case the manufacturer or sellers are less responsible for the product.

c. Uncle Buck included a label on the car that suggested that a buyer obtain an inspection for the Ford Escape before purchasing the car.

In this situation uncle buck has included a label and suggested that the buyer should inspect before purchasing the car then buck has not to pay any damage to Monica because the product is old and it’s the responsibility of the buyer to get the product inspected before purchasing.

d. Instead of stating the two quotations that Monica references, Uncle Buck’s sign stated only the following: “the best car to have ever existed.”

In such situation one cannot claim that he has given the misleading information about the car as he only gave advertisement that best car to have ever existed. He never gave information about the car condition or labeled it. In this case buck cannot be blamed for giving wrong information about the car.

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