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essentials business law
Understanding Business And Personal Law, Student Edition (BROWN: UNDER BUS & PERS LAW) 1st Edition McGraw-Hill Education - Solutions
Breach of Warranty Romedy bought a car from Willett Lincoln-Mercury, Inc. He did not inspect it until four or five days after it was delivered to him. Three weeks later, he notified the dealer that the car did not contain the equipment the dealer had said it would contain. However, Romedy did
Jennifer Harrington purchases a new television at a discount store. The following is printed on the sales slip: “THE WARRANTY OF MERCHANTABILITY IS HEREBY EXCLUDED.” Jennifer takes the television home, unpacks it, and turns it on. It does not work. A written limited warranty from the
Ursula Hurkin, who knows little about furnaces, tells the proprietor of the Holland Heating Supply Co. that she wants a furnace to heat her new building. The supply company measures the building and selects a furnace. After installation, Ursula discovers the furnace is too small and does not
Allison Rantz orders a sports jacket from a store catalog. The jacket she receives is different from the one pictured in the catalog. On what legal grounds may she obtain relief from the store?
Neal Sanborn buys a used car from a private party. While he is driving to work the next day, the car breaks down. Neal learns that the car needs major repairs. He claims breach of the warranty of merchantability. Is this claim correct?
Do Julia and Franco have an implied warranty from the furniture outlet?
What are the legal issues involved?
Does the Magnuson-Moss Act have any loopholes? What can you do to protect yourself against a lemon PC?
Has your state passed a PC lemon law?
Explain the significance of usage of trade as it applies to warranties.
What might happen if you accidentally purchase stolen goods?
What does a warranty of title guarantee?
When and by whom is the warranty of merchantability given?
When does the implied warranty of fitness for a particular purpose arise?
What is the difference between a full warranty and a limited warranty? When must these warranties be mentioned?
Why should you try to obtain written warranties whenever possible?
In what three ways may express warranties be created?
Practice delivering your speech until you feel confident and comfortable. Then present your speech to the class.
Prepare a speech that explains the importance of the law of warranties to consumers. Be sure to differentiate among the various types of warranties discussed in this chapter. Refer to the chapter when necessary. Use all of the terms listed above in your speech.
What is the buyer’s duty to notify the seller of a defect?
How may warranties be excluded under the laws of your state?
To whom are warranties made under the laws of your state?
What is the warranty of title?
What is the difference between the implied warranty of fitness for a particular purpose and the implied warranty of merchantability?
What is the difference between a limited warranty and a full warranty?
What are the obligations of merchants under the Magnuson-Moss Warranty Act?
What are the three ways an express warranty can be made?
What legal recourse does An have for the injuries to his mouth?
Does a freezer’s warranty cover replacing the food spoiled as a result of a mechanical breakdown?
What are the legal implications of the statement,“It’s the best feather duster on the market”?
Does the used clock that An bought from his friend’s neighbor have a warranty?
Does Aunt Harriet have any legal recourse from the store for the damaged mirror? Do Mei and Bruce have recourse from the store, even though they did not purchase the mirror?
Respond There are only a few laws in place to protect consumers who buy online. If you were a lawmaker, what laws would you write for the world of e-commerce?
Question Do you think it is fair for a buyer to refuse to accept goods after ordering them? Why or why not?
Connect Have you ever ordered anything through a catalog, a television-shopping network, or over the Internet? How were the goods shipped to you?
Predict What problems might exist if the UCC were not a single uniform code throughout the United States?
Develop procedural guidelines for implementing appropriate legislation. What are some of the steps that companies, agencies, and others can follow to make sure that they and their employees are obeying the law?
Research the ethical implications of legislation resulting from the use of current technology.Can you find any legislation that addresses the ethical issues in this case? If yes, what are these laws, and how would they apply?
Auctions Coleman bid $2,050 for a D-7 tractor at a public auction. It was not stated that the auction was with reserve. The auctioneer yelled, “Sold,” accepting Coleman's bid. Later, the owner of the tractor refused to sell it for $2,050, saying that the auction was with reserve and that he
Title and Risk of Loss Clouser agreed to buy a boat from Roger and Sharon Russell, owners of Performance Marine, for $8,500. Clouser made an initial payment of $1,700 and agreed to pay the balance at delivery.Performance Marine was to replace the boat’s engine and drive train before Clouser took
Athena and Yvonne, co-owners of a hair salon in San Jose, California, decide to move to Portland, Oregon. They sell their business to Enrique and Shawn. The hair salon has unpaid debt for equipment installation and beauty supplies. Do Enrique and Shawn have any responsibilities under the bulk
Vera agrees to buy a car from Marcus, and Marcus agrees to sell the car to her. They do not, however, agree on the price. Is there a contract? Why or why not?
One week after planting tomatoes, Ursula enters into a contract with a canning company, promising to sell the company all of her tomatoes for a particular price. Is this a sale? Explain your answer.
Renee is hired by a large manufacturing company to work as a computer software engineer. Is her employment contract governed by the UCC? Why or why not?
Brian buys a CD player from Kerri and receives his bill of sale. The next day, Brian gives the CD player to his sister, Heidi, as a birthday present. Six months later, Brian tries to sell the CD player to Jodie, showing her the bill of sale as evidence of his title to the CD player. Can Jodie rely
If Marcia took Tom to court, what legal arguments do you think she could make?Explain your answer.
If Tom took Marcia to court for the $450, would he win? Explain your answer.+
What economic impact will they have on online business?
How long will they last?
What measures are in place to ensure their security?
How are they created?
When does the risk of loss pass to the buyer?
When a contract for the sale of goods is breached, what remedies are available to the seller? to the buyer?
What are seven special rules for contracts for the sale of goods?
To what does the law of sales apply, as defined by the UCC?
When must a contract for the sale of goods be in writing? What are the four exceptions to this requirement?
What is an output contract? a requirements contract?
Under the law of sales, what does the term goods mean?
How may an offer for the sale of goods be accepted?
What does it mean to have the risk of loss? Do passage of title and risk of loss occur at the same time?
When does the passage of title generally occur?
Working with a partner, see how many of each other’s sentences you can complete correctly.
Rewrite the sentences, leaving a blank line in place of the legal term.
Write 8 to 10 sentences, using as many of these legal terms as possible.
Identify legal safeguards that protect your right to computer privacy.
Describe the law that permits the use of electronic signatures on contracts.
What are some tips for safe Internet shopping?
What remedies are available when a seller breaches a sales contract? When a buyer breaches a contract?
When does title pass from the seller to the buyer in a sales contract? When does the risk of loss pass?
Was An’s plan to sell the tux to Mei’s friend a legal sale? Can the friend get good title from An?
What risks did An take when he bought his tux at the Internet auction? Does he have a legal remedy against the seller?
When the other store burned, who had title to Mei’s dress? Who had the risk of loss? Is Mei entitled to get her money back?
Is the proprietor’s promise to hold the wedding dress binding without payment of a deposit?
What is the purpose of the rule addressed in question 5?
What common law rule does a court apply when interpreting an ambiguous contract?
What does a court attempt to determine when it interprets a contract?
Why didn’t Shearson Lehman Hutton agree with the full decision of the arbitration panel, when they were the party who wanted the dispute to be resolved through arbitration?
Why did Shearson Lehman Hutton force the Mastrobuonos to participate in arbitration?
What type of contract is involved in this case?
How was your contract similar to and different from the other contracts presented?
If not, how does the absence of the element(s) affect the contract(s)?
Did all of the contracts presented include all the necessary elements?
How many and what types of contracts were presented?
Respond Can you think of a time when you might have breached a contract you made with a friend or family member?Explain your answer
Question Why do you think that although a performance of an obligation can be delegated, the responsibility for it may not be?
Connect Have any rights or duties ever been transferred to you? Explain your answer.
Predict Why do you think consideration is unnecessary for an assignment of rights to be valid?
Information about his legal and ethical responsibilities in this area. What standard of care should Martin observe in protecting the confidentiality and privacy of his clients’records?
Assignments after Bankruptcy The Washington Post Company had a contract with The Chicago Tribune, requiring that the Tribune supply The Post with several comic strips, including Dick Tracy, Winnie Winkle, Gasoline Alley, and The Gumps. After The Post’s bankruptcy, the bankruptcy trustees assigned
Assignments in Writing The terms of the Blackstone divorce decree required that Mr. Blackstone pay child support of$600 per month to his former wife. Payments were to be made via the office of the clerk of courts. The right to receive the payments was transferred to the Department of Human
Dea Duk Sung buys a $100,000 life insurance policy naming Yung Shen Sung as the beneficiary. If the insurance company refuses to pay the proceeds of the policy to Yung Shen when Dea Duk Sung dies, does Yung Shen have standing to sue? Why or why not?
Janine Drake owes Duncan Coe $500. Coe assigns the right to receive the money to Abram Burke in payment of a debt. Coe then moves out of town and takes up a new residence. No one notifies Drake of the assignment. She mails the $500 to Coe at his new address. Can Burke sue Drake for failing to honor
The Turner Company sells goods to Pierre Moreau on credit. After waiting several months for Moreau to make a payment on his account, the Turner Company informs Moreau that it is assigning its rights to a collection agency. Is this legally possible?Why or why not?
Don Blair contracts to work as a mechanic for Henry Lee for one year. A month later, Lee assigns his right to receive Blair’s services to Titus. Must Blair work for Titus?Explain your answer.
Horton contracted with Findlay to purchase a used computer for $500. When Findlay refused to go along with his part of the agreement, Horton went to the local computer specialty shop and purchased a new computer for $2,500. He then demanded $2,000 from Findlay as damages for Findlay’s breach. Is
What remedies are available to Peter and the other ticket holders?
Has there been a breach of contract?
Do you think that Peter should be refunded the money for his ticket? What are Peter’s rights?
Using newspapers, magazines, or the Internet, locate an article relating to a breach of contract in the workplace. Write a summary of the breach and the remedy.Next, evaluate the ethical nature of the breach. Share your findings with the class.
Why do courts award damages to injured parties?
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