Analysis of Breach of Contract: Elmore v. Mission Rambler Case

This case study analyzes the breach of contract involving Mrs. Sandra Elmore and Mission Rambler, an automobile dealer. Mrs. Elmore purchased a car that exhibited a defect causing a shimmy at higher speeds. Despite the issue, she continued to drive the car until an accident occurred, resulting in injuries. The case focuses on the breach of contract due to the faulty services provided by the dealer, as per the contract law. The assignment explores the legal principles, damages, and remedies, including special damages, and references the relevant legal texts. This analysis provides a comprehensive understanding of contract law principles, damages, and the implications of the case.

US LAW

The case of breach of contract
The case about Mrs. Sandra Elmore depicts that she has received injuries as a result of the
inefficient repairing services given by the Mission Rambler which was an automobile dealer.
Sandra Elmore had bought a car from the dealer on 16th of March 1962 which was looking in
good condition. Sandra’s husband took a ride of the car and did not notice any fault in driving
however she had complained that the car is not moving smoothly and there is some fault when
she increases the speed to 60 to 65 miles per hour otherwise it was running fine. But the issue
was not severe which could allow her not to use it. On the 29th of April 1962, Sandra met an
accident in which she got severe head injuries. The care has been driven for 2751 miles before
the accident. It was noticed that she was driving at the speed of 45 miles per hour which was not
supposedly enough for her to cause any problem, still the accident happened on the highway.
The patrol officer also testified of the gauge mark on the pavement which shows that the car had
hit the pavement and proves that there was some fault with the functioning of the car.
The case reflects a breach of contract as the defendant had failed to supply the services which
they had promised as given by the contract law noted by Gregory Klass. (2010). According to
Laycock, D., & Hasen, R. L. (2018), remedies can be provided for damages in contract and the
plaintiff was entitled to receive the compensation of damages. Therefore, Mrs. Sandra is entitled
to receive a remedy for the contract breach. The damages received by her are special damages as
the incident occurred under special circumstance with reference to the speed of the car and thus
the defendant should provide for the loss which she had incurred because of the inefficient
services.
References
Gregory Klass. (2010). Contract Law in the USA. Kluwer Law International.
Laycock, D., & Hasen, R. L. (2018). Modern American remedies: cases and materials. Wolters
Kluwer Law & Business.