Research Journal Part I: Preliminary Analysis (Facts, Issues, Key Terms, Jurisdiction)

As part of my study, I am working on a research problem and using this blog as a journal for the steps I take and results I find from my research strategy, which begins with preliminary analysis. The research problem is as follows:

Becky Smith purchased a 2009 Ford Explorer in January 2010 from a Portland area car dealer. The Explorer had been used as a demonstrator and had just over 3,000 miles on the odometer.

When Smith purchased the vehicle it was still under the manufacturer’s warranty. Shortly after she purchased the Explorer she started having difficulties with the power steering. In May 2010, Smith took the car back to the dealership and they “fixed” the problem. Two weeks later, the power steering acted up again. She took the car back in and the problem was again “fixed.” In August 2010, the Explorer’s steering started pulling to the left. She took the car to the dealer. The dealer kept the Explorer for a week and promised to install a brand new steering mechanism. Three days after getting the car back, the power steering failed while Smith was driving to Seattle. At this point, the dealership began to ignore Smith’s complaints. Becky wants us to identify what remedies she might have under Oregon law.

Following is my preliminary analysis, broken down by section.

Preliminary Analysis: Facts

1. Becky Smith purchased a 2009 Ford Explorer in January 2010.


2. Car was purchased at Portland, OR area dealer.


3. Vehicle had been a "demonstrator."


4. Vehicle was under manufacturer's warranty at time of purchase.


5. Shortly after purchase, Smith had problems with the power steering.


6. Smith took vehicle to dealership in May 2010 for repair. Dealership said problem was fixed.


7. Two weeks later, the power steering problems reappeared.


8. Smith took vehicle to dealership again. Dealership said problem was fixed.


9. In August 2010, the vehicle's steering began to pull to the left.


10. Smith again took vehicle to dealership for repair.


11. Dealership kept vehicle for a week.


12. Dealership promised to install a brand new steering mechanism.


13. Three days after getting vehicle back, Smith drove vehicle to Seattle. Power steering failed.


14. Dealership failed at this point to respond to Smith's complaints.

Preliminary Analysis: Issues

1. Power steering failure


2. Warranty coverage and adherence


3. Lemon law


4. Consumer law

Preliminary Analysis: Key terms

• Who: buyer, customer, seller, car dealer, dealership, mechanic, manufacturer


• What: 2009 Ford Explorer, vehicle, car, power steering, warranty, demonstrator, low mileage, malfunction, repair


• Where: Portland, OR, dealership, Seattle


• When: Purchase, January 2010; first trip to dealership, May 2010; second trip, two weeks later; third trip, August 2010; three days after return, final failure


• Why: lemon, malfunction, faulty repair, faulty manufacture


• How: repair, service, manufacture, repeated failure, warranty failure

Terms I added as I went along in my index research: automobile, damage, motor vehicle, product liability, breach of warranty, remedies, recourse

Preliminary Analysis: Jurisdiction

Portland, Oregon; Oregon State law

In the next post: Preliminary Analysis: Knowledge Assessment/Background readings/Secondary sources