Question

Cynthia takes a prescription sleeping pill, NapALot, on Friday night. She wakes Saturday afternoon to find a new Mercedes in her driveway. According to the paperwork on her kitchen counter, earlier that morning, Cynthia emptied her savings account to buy the Mercedes. Cynthia, however, has no memory of doing any of that. She experienced a rare side effect of NapALot. Some users experience sleepwalking spells in which they appear wide awake, and do all manner of complex tasks without remembering. \

Cynthia promptly takes the paperwork and drives the Mercedes to the dealership to return the car. The dealership is closed by the time she arrives. The dealership also is closed on Sunday. her job is a few blocks from the dealership. Cynthia will have time on monday to return the car when the dealership is open.

However, Cynthia does not take the time to get to the dealership until the Firday after the purchase. the dealership refuses to accept the car and return her money. Cynthias sues for rescission. Who do you think will prevail? Why?

Answer 1

In my opinion Dealership will win the case and will prevail. Dealership would have helped Cynthia if she would have responded and reacted little faster. But, Cynthia delayed it for a week, which is wholly, the mistake of Cynthia.

Cynthia finished the paper work on friday and gets a car on saturday. Well, it was under the influence of the sleeping drug. She should have returned the car immediately after she sees the paperwork on saturday afternoon. But, her delay in seeing the dealership on saturday failed her efforts in returning back the car till a week (that is till next friday).

Last paragraph of the case clearly indicates that Cynthia does not take the time to get the dealership until friday after the purchase. Generally, there will be a "cooling-off rule" for some purchases. But, that is not acceptable in case of automobiles. If you sign the sales contract, and once you own a car, then the law is on the side, that is with the dealer. That is because, undoing a car purchase is a costly headache for a car dealer.

As and when Cynthias knew that she purchased the car under the influence of the sleeping pill, she should have reacted quickly, and should have had a word with the dealer that very next day. A week delay is too long for a dealer to reimburse the amount and take back the car. Therefore, even though Cynthias sues the dealer, she will lose it to the dealership and dealership will ultimately prevail.