My friend was in a car accident after buying second hand car. do they have a court case?

政治及管治法律及道德

[匿名]

2015-12-05 1:23 pm

My friend bought a car that was advertised in a newspaper ad. They signed an agreement with the following clauses: the car dealer is not liable for the condition of the car which must be accepted by the purchaser entirely at their own risk, that the purchaser has inspected the vehicle and has waived their rights to any remedy which a fuller inspection might have revealed and that no liability will arise from injury due to the use of the car.

do they have any right to sue the car-dealer?

更新1:

also could I have a reason as to why they do or do not have a claim please, thank you

更新2:

ps: they car's brakes failed. I should have mentioned that beforehand but that was the reason for the accident.

回答 (8)

[匿名]

2015-12-06 12:54 am

Nope, that's a pretty airtight disclaimer!

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[匿名]

2015-12-05 4:14 pm

No, used cars are bought AS IS. He should have had a mechanic check out the car before he purchased it. He has NO case.

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Maxi

2015-12-05 1:25 pm

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[匿名]

2015-12-06 2:35 pm

So upon some research, all of you are wrong. UCTA s 1 Liability for Negligence prevents the seller from waiving rights to make them non-liable for injury. “a person acting in the course of a business cannot exclude liability for negligently causing death or personal injury at all, either in a contract or in a non-contractual notice”. If you don't know the answer to a question I suggest you don't reply to a question in future.

參考: Jones, L., 2013. Introduction To Business Law. 2nd ed. Oxford: Oxford University Press.

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[匿名]

2015-12-05 4:43 pm

No they don't.

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[匿名]

2015-12-05 1:35 pm

Of course they do not....your FRIEND caused the accident, not the car!

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[匿名]

2015-12-05 1:28 pm

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[匿名]

2015-12-05 5:04 pm

yes...ooobama signed the ''you can't sell to cars to morons '' dictrine of 2011.....since you make no claim that there is a problem wit the car and this is simply a random statement, clearly, you are a moron>>>oobama says you may sue

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