Legal Question in Business Law in California

Is negligence a breach of contract?

Is negligence during the performance of a service contract which results in a misrepresentation considered a breach of that contract?

For example, if I take a private party's used vehicle to a dealership for a ''complete used vehicle inspection'', and based on the results of the inspection showing the vehicle has no problems and is in good condition, I purchase the used vehicle, and then after purchase I discover that the inspection results were incorrect and were a misrepresentation and that the vehicle was actually in poor condition, is that considered a breach of the contract for the used vehicle inspection? 2) If so, would the 4 year statute of limitations for written agreements apply? 3) If I have thousands of dollars in repair costs as a result of the vehicle's misrepresented condition, what are the damages? 4) Are the damages the cost of the repairs? 5) Assuming I would never have purchased the vehicle had its condition not been misrepresented to me as ''good'' and had I known of its true ''poor'' condition, are there damages beyond the cost of the repairs?


Asked on 9/11/04, 7:56 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Is negligence a breach of contract?

Under a breach of written contract theory, the statute of limitation is 4 years. Your recovery might be limited to the cost of inspection.

Under a negligence theory, the statute of limitation is 1 year. Your recovery against the inspection dealership is the cost of inspection, perhaps the purchase price of the car or at least its repair.

You won't have a claim against the seller because no doubt you purchased the vehicle "as is."

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Answered on 9/11/04, 9:09 pm


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