James Moore v Mack Trucks, Inc and Worldwide Equipment Inc Essay Example for Free

James Moore v Mack Trucks, Inc and Worldwide Equipment Inc EssayIn the aspect of James Moore v. Mack Trucks, Inc. and Worldwide Equipment Inc. , the facts are that the Appellant appeals against the truck manufacturer and the distributor for recovery of vexation losses and losses associated with the trucks eventual repossession. The Circuit Court, Floyd County had summarily brush aside the contention made by the Appellant. afterwards ruling that the appeal has been preferred in a timely and proper manner, the court goes into the merits of the contentions of the Appellant. The Appellant alleges that when he expressed concerns about the eighteen speed transmission of the vehicle, he was informed him the transmission had been completely redone by Mack. Appellant claims that he was informed him that the truck would suit appellants needs because the truck had a large back end differential and a larger motor, allowing it to get up and down hills.This, the Appellant contends created an express warranty. However, the court dismissed the contention as the warranty and sales agreement of the defendant disclaimed all implied warranties. In my opinion, the ruling is nonsensical as even though the warranty agreements signed clearly disclaim any other implied warranties, a customer can ordinarily rely on logical arguments made by the representatives of the defendants.While the second call downment made by the representative is merely an opinion, as rightly pointed by the court, the appellant should not throw a crap to suffer as a result of relying on the first statement. It is conceded that the appellant should have perused the documents diligently, yet to state that a vendor is exempted from liabilities arising out of a default of his promises so long as there is an immunity clause protecting him, would put the buyer in a very precarious position.The ruling is clean contrary to Christian principles in that it legitimizes a certain amount of deception by the s eller, allowing him to dupe and take pecuniary advantage. Ordinarily, the tenet of caveat venditor should be followed rather than caveat emptor. As per the Christian idea, we trust our comrade beings, and it would be of benefit and advantage to all. In the given case, the respondents are allowed to be exempt from their promises solely on the basis of a technicality in the contract.