Sam Spade wrote:
4X4Dodger wrote:
I think not. If it is on the dealers lot under his protection and at his request or insistence he is definitely liable for damages. Period.
There are 50 different specific sets of rules, one for each state......and probably a million different sets of specific circumstances. Thinking that you know what will apply in every circumstance it just a BIG stretch. You "know" nothing of the sort.
Well actually I do. Not all agreements are adjudicated by written "Law". In fact most are not.
Most judgements are based of precedents of previous similar judgements on cases that share a COMMON issue. Most judgements are based on these as no Written laws apply specifically to every circumstance. Secondly most legislatures shy away from writing such specific laws.
So in fact there are not 50 sets of RULES as you call them. there is instead a body of case Law that is relied upon by judges and lawyers to argue their cases and find for or against a given plaintiff.
On a case like this settlement is almost assured as the cost of litigation to the RV dealer and the, at least, 50-50 chance that he will be saddled with court costs and lawyers fees just doesnt make it a smart move to take to court.
In fact my bet is the corporate counsel for the RV dealer would be remiss in his legal and ethical obligation if he did not sternly warn the RV dealer that there was no case on his part and that a settlement, sooner rather than later, was in his best interests.