Maritime entered into a contract to purchase a helicopter from Fairchild. Among the relevant provisions typed into the agreement in normal size, in lowercase print on a regular printed form was a clause stating that the sale was to be made “ as is” and that the seller gave no express or implied warranties except the warranty of title. Maritime had problems with the helicopter and sued Fairchild for an implied warranty, claiming that the helicopter was not merchantable. Fairchild defended, saying that the clause in the contract, which stated that no warranties were given with the sale of the helicopter, acted as a disclaimer of the implied warranty of merchantability. Is Fairchild correct?
Answer to relevant QuestionsMay a maker or acceptor have an option to extend payment without destroying negotiability? Mr. and Mrs. Hinphy borrowed money from DeRouin and signed a document stating, “I have this day borrowed $ 12,000 from David DeRouin to be paid on demand. (Signed) Mrs. W. Hinphy and W. Hinphy.” More than three years ...Wilson, office manager of P & R Dental Supply Company, was confronted with a discrepancy in her company’s inventory by an auditor reviewing the company’s books. She had cashed several checks and kept the money for her ...Sampson’s name appeared as a maker of a $ 500 note. On the due date, Robbins, an HIDC, presented the note to Sampson for payment. Sampson proved the signature to be a forgery and refused to pay. Can Robbins legally collect ...The Paddocks hired Harper Realty to sell their hotel. The Paddocks agreed that if Harper sold the hotel, they would pay Harper a commission of $ 15,000, with $ 3,000 down and the balance in monthly installments. The Paddocks ...
Post your question