A contract, a legal written or spoken agreement, can be governed by state, common or private law. Private law includes the terms of agreement between the parties who are exchanging promises. In certain situations, private law can override state laws, according to Legal Information Institute. When active concealment, intentionally hiding information, has taken place, it could cause a contract to be invalid, or the contract between Maynard and Pierre's Awesome Car Place could be considered valid but, Pierre's Car Place could be held liable. The Uniform Commercial Code (UCC) was published to create laws that will be equal in all states for goods that are movable from one state to another in 1952 .
The Federal Trade Commission (FTC) was created on September 26. 1914 to protect consumers …show more content…
The misrepresentation of the brakes, seems intentional. The Current Uniform Commercial Code 2-316 (1978) states, terms such as, “as-is” are for commercial usage and if it can be proven a buyer did not have understanding of the “as-is” terminology, such as an 18 year old buying his first car, the terms of the contract can be challenged …show more content…
Under the strict liability law, there is a requirement, the seller must be engaged in the business of selling the product that harmed the plaintiff, Or he may be entitled to punitive damages. Punitive damages are damages awarded when the courts feels the the plaintiff, the person bringing the lawsuit, is not properly compensated under the tort. There are organizations for use auto car dealers such as, NIADA, in their Code of Ethics, not to sell, We will employ truth and accuracy in advertising and selling. Pierre's Awesome Car Place would one to have violated the code,
The Federal Trade Commission (FTC) was created on September 26. 1914 to protect consumers …show more content…
The misrepresentation of the brakes, seems intentional. The Current Uniform Commercial Code 2-316 (1978) states, terms such as, “as-is” are for commercial usage and if it can be proven a buyer did not have understanding of the “as-is” terminology, such as an 18 year old buying his first car, the terms of the contract can be challenged …show more content…
Under the strict liability law, there is a requirement, the seller must be engaged in the business of selling the product that harmed the plaintiff, Or he may be entitled to punitive damages. Punitive damages are damages awarded when the courts feels the the plaintiff, the person bringing the lawsuit, is not properly compensated under the tort. There are organizations for use auto car dealers such as, NIADA, in their Code of Ethics, not to sell, We will employ truth and accuracy in advertising and selling. Pierre's Awesome Car Place would one to have violated the code,