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      09-05-2011, 05:38 PM   #78
BeemerBoyUK
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United Kingdom
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Drives: BMW 120D
Join Date: Dec 2010
Location: London

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I don't know the ins and outs of US law as i'm from the UK but you definitely have a case of negligence, and breach of contract (your contract will say new vehicle yada yada reasonable delivery use yada yada) the key here is 'reasonable man' test. A reasonable man wouldn't have driven the car like that nor would he expect it to be driven in such a manner (clearly committing all sorts of traffic violations) So you have a right to 'reasonable compensation' You also will definitely win a court case as the law tends to take davids side in a david vs Goliath.

There is also bound to be some violation under agency law by those guys actually committing the offence so i would sue both the dealer, and the individuals. inform bmwna of your decision, and outline your PR activity surrounding this case

and i predict that once they realise you are serious, the dealer will choose to settle under pressure from BMWNA themselves.

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BMW 120D: Eibach Pro-Street Coilovers, Evolve Map, Yokohama Advan Sport 225/40/18 - 245/35/18, Milltek Exhaust (Cat-Back)
Pictures:
http://www.babybmw.net/viewtopic.php...198333#p198333
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