You are in the market for a new vehicle and find the perfect…
You are in the market for a new vehicle and find the perfect one at a local car dealer. When test driving the truck, you hear a strange noise coming from the suspension. This vehicle is perfect for you and you really like it, but you are concerned about this noise. As the negotiations begin, you state to the salesperson, that as a condition of purchase, you want the service department to check the truck to determine the source of the noise. The service department tells the salesman (and they tell you) that the noise is coming from the “lift kit” (raises the truck up) on the vehicle and that it is not serious, nor will it lead to any damage. After hearing this, you purchase the vehicle for $20,000. A week later, you then take the truck to a local shop to have the lift kit removed, and they tell you the truck does not have a lift kit and the noise is actually caused by a loose sway bar under the truck and has to be replaced for $3000. You go back to the dealer and they tell you “Sorry, you bought it as is…no refunds…no returns.” You file a suit against the car dealer. Question: Let’ say that in the above example, the car dealer is willing to work with you to find an equitable remedy for this situation. Discuss any 2 methods of contractual discharge that could be used in, or apply to this situation.