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OWNING AND OPERATING MOTOR VEHICLES
GENERAL COMMENTS
This is one of the more unusual chapters in the text. Although students are very interested in the
presented topics, the issues raised in this chapter are often ignored in many law classes. In this Chapter we
explain how contract, tort, criminal, and constitutional law relate to motor vehicles. Why the motor
vehicle? It is an example of personal property that almost all students either own or aspire to own. It is
also expensive and important to the buyers. It thus allows us to introduce personal property and consider
it in a transactional sense using what has been learned about contracts, torts and crimes in the discussion.
With the later discussion in Chapter 12 of homeownership, we cover the two most significant purchases
for most Americans. We also include a discussion of personal property law and automobile insurance.
The end-of-chapter case of Jamison v. The Pantry, Inc. is a suit against a convenience store in South
Carolina for the sale of beer to a minor using negligence theory for liability. The minor was involved in a
head-on collision causing death and injury to passengers in the other vehicle. Driving under the influence
is a serious public policy issue and this case provides a “vehicle” (pardon the pun) to discuss social and
legal obligations owed to others.
CHAPTER SUGGESTIONS
1. Compare current vehicle advertisements with those found in magazines 10-15 years ago. Not too
many years ago the puffing and claims were extreme, whereas they appear much more moderate
today. In addition, there are safety ads, something that was uncommon just a few years ago.
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education or alcohol abuse classes? How does the state deal with repeat offenders? What fines may
be imposed? What are the typical increases in automobile insurance premiums that a person
convicted of DUI may expect? For how long? What percentage of arrests takes place on weekends,
around holidays, and in the summer? Is your state’s arrest rate increasing or decreasing? How is a
DUI condition established and prosecuted when it involves medicinal and recreational drugs other
than alcohol? Do minors automatically have their licenses suspended until a stated age (e.g., 21) if
arrested while driving after having consumed any quantity of alcohol?
3. Have one or more students determine whether your state has a compulsory automobile insurance
and/or a financial responsibility law. Have the student(s) report on the nature of the system, and any
studies that evaluate its effectiveness. How many people are driving without insurance? What
sanctions are imposed for a violation of the law? How can it be discovered?
4. Assign these questions for student investigation:
a. Does your state have a lemon law? Does it require the use of alternative dispute resolution
(ADR) techniques? Which ones? How effective is the lemon law?
5. Does your state have a dramshop statute? Has it been used to establish a duty owed to third parties
by the dispenser of alcoholic beverages? Have social hosts been found liable for injuries caused by
intoxicated guests after they have left the home of the social host? Have tavern owners and
6. Possible guest speakers might include a qualified insurance salesperson (preferably a Certified
Property and Casualty Underwriter, CPCU) to discuss automobile insurance pricing and coverage
in your state. Invite an insurance adjuster to discuss automobile accident issues and business
practices surrounding settlement of claims. Invite a personal injury attorney to discuss automobile
accident cases.
7. Arrange a debate between outside experts if available (e.g., attorney and insurance broker), or
members of the class, on no-fault automobile insurance. Your students should be able to ask
probing questions.
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9. Discussions about safety are sure to promote active class participation. Should it be illegal to drive
a motorcycle (or bicycle) without a helmet? Should it be illegal to drive, or ride as a passenger in,
an automobile without wearing seatbelts? Should there be seatbelts in buses? Should airbags and
antilock brakes be mandatory in automobiles? Why hasn’t safety been a significant marketing
factor in the United States until recently?
10. This is a good chapter for a discussion on tort reform. What is the current status of efforts to
federalize what has traditionally been state law? The fact that republicans and business interests
want federal involvement and consumer interests and democrats do not is at least interesting.
12. One area for classroom research is potential liability of the trucking industry participants for
accidents by drivers with undiagnosed illnesses that lead to increased risk for accidents. The author
of this chapter recently wrote an analysis of tort liability for the industry considering the disease of
obstructive sleep apnea (OSA). There are legal implications of ignoring the health risks of OSA for
drivers, employers and clinicians. A substantial percentage of current truck drivers have
undiagnosed OSA sufficient to create a level of wake time drowsiness that increases the risk of
serious accidents. The industry is aware of the risk and as this writing with a few exceptions have
FOR CRITICAL ANALYSIS
Jamison v. The Pantry, Inc.
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1. DeBruhl is liable for his own negligence, but he undoubtedly lacks sufficient insurance and assets
to cover a significant claim for damages. The Pantry is the “deep pocket” more likely to have both
assets and insurance. If a theory for liability can be made against a richer defendant, an innocent
plaintiff will ordinarily do so.
2. No, actually it starts now. The directed verdict took the case away from a jury, with the court
holding as a matter of law that the plaintiffs’ could not recover. The Court of Appeals reversed that
3. Insurance would cover this accident: liability coverage for personal injuries and wrongful death,
and property coverage for damage to the automobile. If the judgment exceeds policy limits, then the
defendant is personally liable for any additional amount. In this case, as he is deceased, any
4. A fake identification shouldn’t make any difference. Liability for selling to underage persons is
usually absolute. If DeBruhl had been an adult, the outcome of the case would be different, because
the facts demonstrate he was sober when he purchased the beer, so the usual application of
dramshop liability would not apply.
ANSWERS TO QUESTIONS AND PROBLEMS
1. Scott is liable for the damages. He failed to act as a reasonable person should have under the
circumstances (shifting into the wrong gear) and therefore was responsible for the accident. If he
2. Neither Darryl nor his parents are liable, because all of Darryl’s driving was done on private
property, and therefore was not subject to the state regulation of public highways and quasi-public
3. Driving under the influence (DUI) — The driver was not actually driving her car when the
officers observed her unusual behavior. But she was in the car and on a highway and these facts
would be circumstantial evidence that she had been driving.
Attempted DUI — This is the charge of which the driver was actually convicted. The court
discussed whether this crime actually existed in California, and concluded that it did. The jury
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could infer from her acts that she intended to drive while she was under the influence of alcohol,
whether or not she actually was driving. People v. Garcia, 214 Cal. App. 3d. Supp.1, 262 Cal.
Rptr. 915 (California, 1989).
4. Because no one was injured or killed in the accident, and assuming her estimate as to the property
damage ($100) was correct, Alyse Brooks probably did not violate the state’s financial
responsibility law.
However, she is guilty of the crime of hit-and-run driving, a misdemeanor in this situation. (If
5. Yes. The Michigan Court of Appeals held that (a) the buyer was entitled to pursue Uniform
Commercial Code (UCC) remedies, because the sales agreement proviso limiting remedies and
damages failed in its essential purpose; (b) the buyer was entitled to revoke acceptance because of
the unreasonable delay in repair or replacement; and (c) the buyer’s revocation was timely. The
court made note of the buyer’s complaint that loss of a summer and fall for the user of the motor
bike was significant. (Give some thought to driving that bike during a Michigan winter!) Kelynack
v. Yamaha Motor Corporation, 152 Mich. App. 505, 394 N.W.2d 17 (Michigan, 1986).
6. Probably not. Generally, each driver is supposed to maintain control over his or her vehicle to avoid
colliding with the car ahead. In the few states that follow the rule of contributory negligence,
drivers would be barred from recovery because of their contribution to the accident. In a
7. Both policies must share in Brady’s loss. Brady was the owner of the damaged vehicle and
therefore his collision policy was the “primary” one. It would pay $1,250 (the full loss of $1,500
less the $250 deductible). Dunning was the driver who borrowed and drove her friend’s car.
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8. The UCC usually does not make distinctions between used and new goods for purposes of remedies
or rights. It would not do so in this case. A limited warranty may limit implied warranties. However,
9. Wrongful death statutes give the heirs of a decedent the right to bring an action for their loss.
Sheila’s mother would undoubtedly have such a right under a wrongful death statute if Sheila
would have had the right to sue for damages if she survived.
Plaintiff v. Craig Hamada: Driving under the influence of alcohol (or other drug) is a criminal
violation in all states. After drinking Long Island Ice Teas for six hours, it is amazing that Mr.
Hamada could even stand up, no less drive. The violation of the criminal statute would establish the
standard of care, and its breach (negligence per se). Mr. Hamada would be liable.
10. You should contact the countries in which you intend to drive and inquire as to their automobile
ownership and driving laws. You should also consult with your insurance agent. Among other
things you will need to be concerned with are motor vehicle registration requirements (proof of
ownership), driver’s license requirements (international driver’s license), and appropriate
automobile liability and property damage insurance.
11. Discussion question. It is the opinion of the author of the chapter that while dollar limitations make
12. Many topics are appropriate for web research, personal property and motor vehicles included.