On November 29, 2019, Michael Jones purchased a used truck from Grimy’s Auto and Truck Service. At the time of purchase, Grimy’s stated that the engine was completely overhauled and consisted of rebuilt and reconditioned parts, all parts were guaranteed, and invoices for all new parts would be provided. On November 13, 2020, after using the truck for almost one year, Jones discovered that several engine parts were not rebuilt or reconditioned and other engine parts were defective, which caused the truck to break down. This resulted in lost wages and lost profits for Jones. Jones made repairs to the truck on November 13, 2020, December 13, 2020, December 16, 2020. Jones did not attempt to return the truck and did not notify Grimy’s that the truck was defective. The truck is currently disabled in Columbus, Ohio. Jones came to your firm because he wants to sue Grimy’s for damages for breach of contract. Issue: [Note: The question in this paragraph is only the issue statement. You do not need to answer it as part of the final exam. Only answer Question (1) and Question (2) below.] Is Jones entitled to receive damages for breach of contract because the truck does not conform to the terms of the agreement? Remember that Grimy’s will assert that Jones continued to use the truck for more than a reasonable time and failed to return the truck or to notify Grimy’s of its defects in a timely manner. Question (1) How would you educate yourself on the relevant topic so that you could find primary sources? Question (2) List one secondary source and two primary sources that you would consult. Why would you consult these sources?
Read the following fact pattern and answer the questions. Your answers should be 1-2 paragraphs long for Question (1) and 2-3 paragraphs long for Question (2).
Facts:
On November 29, 2019, Michael Jones purchased a used truck from Grimy’s Auto and Truck Service. At the time of purchase, Grimy’s stated that the engine was completely overhauled and consisted of rebuilt and reconditioned parts, all parts were guaranteed, and invoices for all new parts would be provided. On November 13, 2020, after using the truck for almost one year, Jones discovered that several engine parts were not rebuilt or reconditioned and other engine parts were defective, which caused the truck to break down. This resulted in lost wages and lost profits for Jones. Jones made repairs to the truck on November 13, 2020, December 13, 2020, December 16, 2020. Jones did not attempt to return the truck and did not notify Grimy’s that the truck was defective. The truck is currently disabled in Columbus, Ohio. Jones came to your firm because he wants to sue Grimy’s for damages for breach of contract.
Issue:
[Note: The question in this paragraph is only the issue statement. You do not need to answer it as part of the final exam. Only answer Question (1) and Question (2) below.] Is Jones entitled to receive damages for breach of contract because the truck does not conform to the terms of the agreement? Remember that Grimy’s will assert that Jones continued to use the truck for more than a reasonable time and failed to return the truck or to notify Grimy’s of its defects in a timely manner.
Question (1) How would you educate yourself on the relevant topic so that you could find primary sources?
Question (2) List one secondary source and two primary sources that you would consult. Why would you consult these sources?
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