Recover damages from the dealer for breach of warranty

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Reference no: EM131751808

Question: Prior to his marriage, Edward Garber had been in financial difficulty and had a poor credit rating. His wife, Natalie, applied for a credit card in her family name, fearing that she would be turned down if she used her married name of Garber. She was told that she must use her married name on a credit application. Could Natalie have used her family name when she applied for credit? Explain.

1. Delores Bierlein paid a $200 deposit toward the rental of the Silver Room at Alex's Continental Inn for her wedding reception. Later, Delores canceled the reception because her fiance was transferred from Ohio to New York. The inn refused to refund Delores's deposit. The consumer protection law of that state requires suppliers to furnish receipts when they receive deposits. Delores was not given a receipt for her $200 deposit. When she sued for the return of the $200 deposit, the question arose as to whether this transaction fell within the consumer protection law. Do you think it does? Explain.

2. Hensley bought a used Plymouth automobile from Colonial Dodge, Inc. The following language was written in small print on the back of the purchase agreement: "No warranties, expressed or implied, are made by the dealer with respect to used motor vehicles or motor vehicle chassis furnished hereunder except as may be expressed in writing by the dealer." After driving only three or four blocks, Hensley noticed that the windshield wipers and the brake lights were not working properly. He returned the car to the dealer to correct the problems. When he next received the car, it started to lose compression and slowed down to 20 or 25 miles per hour before he got halfway home. The engine sounded as if it were "missing quite badly." After arriving home, which was about six miles from the dealer's place of business, Hensley was unable to get the car started again. An investigation revealed that the car needed a new engine, which the dealer refused to provide. Did Hensley recover damages from the dealer for breach of warranty? Why or why not. Explain.

3. Talking back to telemarketers. Present your informed opinion as to whether the FTC does an adequate job of protecting consumers from deceptive telemarketers and why. Support your opinion with relevant rules, loopholes, or specific experiences. Offer some solutions to any problems or situations you have identified.

Reference no: EM131751808

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