Don Mills Wished to Purchase an Automobile

question 4

Essay

Don Mills wished to purchase an automobile. He saw a 1994 Mustang advertised for sale in the local newspaper. Don talked to the owner, Mary Smyth, and advised her that he didn't know much about cars but needed a reliable, comfortable car for long distance travel. Mary confirmed that she found her Mustang comfortable and it was probably what Don needed. Don then examined the car and purchased it from Mary for
$5,000. They both signed a short contract which contained a clause stating that the car was sold "as is and with no warranties whatsoever".
a. If Don found that the car was uncomfortable and not suitable for long distance highway travel, what action, if any, could he bring against Mary and what would be the likely outcome?
b. If, the day after Don purchased the car, the transmission failed and the engine seized up, what action could Don take against Mary? What remedies could he claim and what defences would Mary likely raise?
c. If Don discovered that the Mustang was encumbered by a chattel mortgage which was not disclosed by Mary, what remedies would be available to Don? Give the legal basis for your answer.

---

Definitions:

Availability Heuristic

The tendency to assume that information that comes easily to mind (or is readily available) is more frequent or common.

Locus Of Causality

The position or place within an individual that determines where the cause of behavior is perceived to originate, whether internally (within oneself) or externally (outside factors).

Internal

Pertaining to or situated within something; intrinsic.

External

Originating from outside, not inherent or internal to an entity or individual.