Dam Smith, a resident of New York State, required to sell his car and decided to do so by placing an advertisement in the local newspaper. In the advertisement he stated the car was in good condition as well as ran like a dream. In the advertisement he inscribed that he was asking for $5,000 however that the price was negotiable as well as listed his phone number therefore potential buyers could call him and arrange to see the car.

He expected a call from James Olberrman who wanted to see the car. James arranged a time with Adam to see as well as test-drive the car. During the test drive James seen that there was a funny sound when he applied the brakes as well as asked Adam about the breaks. Adam said that he had never had any problems with the breaks as well as told James that the car was fine and the breaks would not need to be replaced for another 25,000 miles or so. James obvious to buy the car without having the breaks checked by a mechanic before buying the car. He remunerated Adam the $5,000 cash, Adam composed James a receipt for the $5,000 and James then drove the car away.
Afterward driving the car for about seven days, the brakes failed to work when James annoyed to stop at a red light. When James wasn't able to stop at the red light his car hit another car. Both James as well as the driver of the other car were injured during the accident.

Question I Discuss whether James must be able to recover from Adam based on a contract for the sale of the car.

Question II Discuss whether James and the other driver would be able to sue Adam for negligence. Be sure to deliberate any defences that Adam may have