On Consumer Fraud And Punitive Damages By Automobile Operator

Buyers and sellers who enter into a contract need to uphold honesty,keep their promises and comply with their duty to inform the other party.Occasionally,car dealers conceal problems with their vehicles when selling them,leading to numerous disputes over fraud.The law gives consumers the right to claim punitive damages in order to protect them,but it does not specify the elements of this right,resulting in inconsistent judicial practice regarding the determination of consumer fraud.From judicial practice and theoretical research,it is clear that the key to properly dealing with disputes over consumer fraud in automobiles lies in clarifying the elements of fraud,determine the amount of compensation.This article intends to clarify the constitution of automobile consumer fraud and define the scope of the duty to inform through a combination of theory and concrete cases;after determining that the automobile operator meets the constitution of fraud,the "partial fraud" and "overall fraud" are applied to punitive After determining what constitutes fraud,punitive liability is applicable to "partial fraud" and "overall fraud" respectively,and the amount of compensation is reasonably determined.This article includes three parts:An overview of the case and the dispute’s main points is provided in the first section.With the examination of two common cases of consumer fraud involving automobiles,two focal points of dispute are summarised,namely,whether the automobile operator in question constitutes fraud and how to apply punitive damages subsequently.The second part is to identify the constitutive elements of automobile consumer fraud.This paper argues for the "four elements" to determine the fraudulent nature of automobile consumption;it proposes that the burden of proof should be determined in stages,with the consumer making a prima facie case for the purchase of the vehicle and the existence of fraud on the part of the operator,and the operator needing to prove the non-existence of defects in the vehicle;and discussing the scope,performance and standard of the duty to inform,with the automobile operator informing the consumer of the scope of the duty to inform.The scope,performance and standard of the duty to inform are discussed.The third part explores the reasonable application of punitive damages.The first is to determine whether the type of fraud is an overall fraud or a partial fraud,where the standard of judgement is whether the operator’s fraudulent conduct affects the safety and the driveability of cars,and the second is the amount is determined separately according to the different classifications.