[DOWNLOAD] "Hembree v. Southard" by Court of Criminal Appeals of Oklahoma # eBook PDF Kindle ePub Free

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eBook details

• Title: Hembree v. Southard
• Author : Court of Criminal Appeals of Oklahoma
• Release Date : January 19, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

1 This case is one of first impression in this jurisdiction and involves, among other things, the application of the principle of law that a used car dealer, though not an insurer of the safety of the vehicles sold by him, must, to avoid liability for damages for personal injuries sustained by a prospective buyer, arising out of the prospective buyers authorized use of a used car with a defective front wheel brake, unknown to the prospective purchaser, but represented by the dealer to be in good running condition at the time of delivery, exercise reasonable or ordinary care in making inspections and tests to discover defects which would make the used car dangerous to those who may use it or come in contact with it; and, upon failure of his duty in this respect, the used car dealer is charged with knowledge, at the time of delivery, of defects which were discoverable in the exercise of ordinary care and is amenable to an action for damages resulting from such defect. See 60 C.J.S. Motor Vehicles ? 165 (b) Liability of Dealer, (2) Used Car Dealer, pp. 503-504; 5 Am.Jur., Automobiles, Sec. 349, p. 690, and cases cited in the footnotes.

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