Leavitt was interested in buying a new motor home. Among Leavitt's concerns when buying the new motor home was his intended use which was to travel extensively in mountainous areas. A somewhat informed consumer, he had rented a motor home that lacked sufficient engine and braking power to traverse the areas he intended to travel. If the engine and brakes are insufficient, the motor home cannot

Question

maintain ordinary highway speeds going up steep hills and brakes are prone to overheating while going down the mountains. He visited several dealerships but bought one at the Monaco Coach Corporation. Almost immediately upon receiving the vehicle, Leavitt complained that his coach could not maintain ordinary highway speeds going up steep hills and that the brakes were prone to overheating while going downhill. Leavitt presented evidence that while shopping for his coach, he informed Monaco of his plans to use the coach extensively for travel in mountainous areas and of his wish to avoid problems he had experienced with rented vehicles that lacked sufficient engine and braking power. Monaco performed many warranty repairs and other service, but Leavitt ultimately concluded that the engine and brakes, as a matter of design, simply were not suitable for his needs, and he sued.Of the choices below, the best preventive law strategy for the dealer in selling new Motor Homes would be;
a. An express warranty in small print that clearly states it is limited to guarantees provided within the four corners of the warranty,
b. Trained personnel who would accommodate the needs of the customer with the proper products at the dealership.
c. A contract with a service company that delegates responsibility for warranty work to another.
d. To sell the goods as is.

Answer 1

b