Legal Question in Consumer Law in Oregon

Borrowed Car

Back in July of 2002 a co-worker of mine lent me her car. At the time I borrowed the car it wasn't running in the best conditions it had been sitting without fluids or being started for about 5 months when I got it. During the time I had the vehicle I was interested in buying the vehicle from her, but she couldn't decide if she wanted to sell the vehicle to me or not. The following september after my roommate preformed a tune up on the vehicle the engine siezed. At that point she still couldn't decide if she wanted to sell it or not. After taking the vehicle back in january/februrary 2003 she now demands that I pay her for the price she had decided on for the sale price or she is going to try to sue me for the cost of replacing the engine. I never agreed to buy the vehicle. There was never anything in wrinting or signing of any documentation agreeing to such. She is now calling me numerous times a day harassing me about this. What are my rights here and can she sue me for this? Is this out of the statute of limitations allowed?


Asked on 2/09/04, 8:26 pm

1 Answer from Attorneys
Noel Snyder Law Office of Noel Snyder

Re: Borrowed Car

The statute of limitation is six year on a breach of a contract. However there is not contract. You made an offer that was not accepted. The issue is negligence. When someone lends you property you have a duty to exercise ordinary care. If you don't and the property is damaged you are liabile for that damage. The analysis goes like this: 1) Did you have a duty? Yes; 2) Did you breach that duty? Don't know. You were doing maintenance on the car but maybe that maintenance was inadequate or faulty. 3) Did the breach cause the damage? Don't know. What cause the engine to seize up? No oil? That would be bad for you. Something else that ordinary maintenance would not have prevented? That's good for you. Finally 4) Damage. Yes there was damage. After running through this analysis there is some question that you may have been responsible for the damge to the engine you should offer to settled for the reasonable replacement cost of the engine. But you have no obligation to purchase the venicle.

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Answered on 2/09/04, 10:16 pm


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