Hensley bought a used Plymouth automobile from Colonial Dodge, Inc. The followin

Question

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.

Explanation / Answer

The elements of a contract are :-

In the above question as the document is duly printed and signed, the information written on backside of agreement is binding. Therefore Hensley cannot recover damages from dealer.

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