Obviously, they had complications which would suggest they knew with great deal of certainty the area around the shield would leak since they installed it & were thus obligated to test for leaks.Q: would they be held liable?A:
That's a factual question, not a legal question. In other words, the answer depends on whether it truly is obvious that there were complications that should have been disclosed. If yes, then there would be liability. If no, then there would not be liability. The fact finder (i.e., jury if it's a jury trial
, or judge if no jury) would need to make that factual determination after hearing all the evidence.Q:
And last Q: If sales man or dealer tells you the car runs great & has new radiator, new windshield & sunroof & electric locks work. In short everything in the car is in working order. Would'nt the law consider such a statement a misrepresentation,although he did not specifically state shield would not leak @ the weather stripping, it can not be used for its intended purpose.A:
Not necessarily. The only questionable statement is that the car runs great. First, that is a very general and vague statement, which could be deemed as merely puffing
. Second, whether or not the car runs great has nothing to do with the windshield. The car could run terrible, but have a great windshield, or the car could run great and have a terrible windshield. The statement that the car runs great implies something relating to the engine, drive train, etc.Q:
If they represent they replaced windshield then I believe they had a duty to provide one to buyer that would not leak. Q: would DTPA apply? If not, then wouldn't contract law principals apply?A:
You bring up a good point. I doubt that the DTPA applies in this situation, unless there was a misrepresentation. However, basic contract law could apply because the implication from the statement is that the windshield is in new condition and one would expect that it wouldn't leak. I'd argue that you paid for a windshield that wouldn't leak, and the fact that it does leak means that you did not get what you contracted to get. That argument would probably be a winner.
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