Business Law

 

 

 

A dealer sold a new car to Raymond Smith. The sales contract contained
language expressly disclaiming liability for personal injuries caused as a
result of defects in the car and limiting the remedy for breach ofwarranty to
repair or replacement of the defective part. One month after purchasing the
auto, Smith was seriously injured when the car veered offthe road and into a
ditch as a result ofa defect in the steering mechanism ofthe car.

If Smith sues the dealer for breach ofwarranty and the dealer defends

by relying on the contract disclaimer, what would be the result and

why?

 

 

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