Case Study Business Law

In first Place, I´m going to introduce some concepts about products liability law and products liability; which refers to the liability of any or all parties along the chain of manufacture of any product for any damage or harm caused by that product. This includes the manufacturer of component parts

1. Breach of an express warranty - An express warranty is a guarantee from the seller of a product that specifies the extent to which the quality or performance of the product is assured and states the conditions under which the product can be returned, replaced, or repaired. It is often given in the form of a specific, written "Warranty" document. However, a warranty may also arise by operation of law based upon the seller's description of the goods, and perhaps their source and quality, and any material deviation from that specification would violate the guarantee. For example, an advertisement describing a product is often full of express warranties; the product must substantially conform to what is advertised. Many advertisers insert disclaimers for this purpose (e.g., "actual color/mileage/results may vary", or "not shown actual size"). Commonly, written warranties will assure the buyer that an article is of good quality and against defects in "materials and workmanship." A warranty may also apply to services that

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

BIS did not breach duty of care because according to "N.Y. GOB. LAW 18-105: NY Code -Section 18-105: Duties of skiers"  10-11, each skier shall have the duty not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles and to yield to other skiers when entering a trail or starting downhill. Craig neglected his duty to both.

If the equipment is still under warranty, the vendor will repair without any charges unless the warranty contract from the vendor states differently. If the equipment is not under, the vendor will send a detailed estimate and a purchase order will be generated to pay the vendor for their repair service, if approved by the Project Manager.

Under common law, the most important remedy was a suit for breach of warranty against those who sold unfit goods.

The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.

From a biblical perspective we see in 1 Samuel 12:1-4 Israel’s high regard for Samuel. He was a man who exuded integrity. Samuel said to all of Israel, “I have listened to everything you said to me and have set a king over you. Now you have a king as your leader. As for me, I am old and gray, and my sons are here with you. I have been your leader from my youth until this day. Here I stand. Testify against me in the presence of the Lord and his anointed. Whose ox have I taken? Whose donkey have I taken? Whom have I cheated? Whom have I oppressed? From whose hand have I accepted a bribe to make me shut my eyes? If I have done any of these, I will make it right.” “You have not cheated or oppressed us,” they replied. “You have not taken anything from anyone’s hand.”

Elizabeth Blackwell showed herself as a dedicated and diligent doctor during five years of work in Neurological Associates, and made a significant contribution to the profit margin of the partnership. The partners were delighted with hiring Blackwell in 2005 and they introduced her to medical physicians at a conference. But the referral base Blackwell went through was not the result of that investment by the partnership but instead it was the evidence of her professionalism in neurological sphere.

Lisa Levan 231 Rasberry St. Bethlehem, Pa. 18018 (610) 442-6327 was advised of the identity of Investigator Sean P. Brennan and of the confidential nature and purpose of the interview, Levan, provided the following information:

Implied Warranty of Merchantability: goods sold by a merchant who deals in good of that kind are warranted to be fit for their ordinary purpose. Goods must be sufficient to satisfy the reasonable buyer. (Sale of Goods, slide #13)

Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice?

Olley v Marlborough Court Ltd [1949] 1 All ER 127 (UK Court of Appeal), Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516 (High Court)

The definition of goods is given as any tangible moveable items. Shoppers are now guaranteed a full refund up to 30 days after the purchase of the defective product. This demand for a full refund with a fixed time limit provides better protection for consumers as the duration was previously unclear and legitimate claims could be rejected by businesses due to prior legislation only providing refunds if within a reasonable time. This time limit is provided for under Section 22(3) which gives the consumer the right to reject the goods. After 30 days, retailers will be given one opportunity to repair or replace the defective product and this is dependent on the customer.

b) From the perspective of GE Oil and Gas, a product it sells under warranty represents a potential loss of the amount of the warranty. It also reflects the company's willingness to guarantee the quality of its product. In the case of the telescopic joint, this would mean $2,000 per product sold. From the perspective of BP as purchaser of the product, the warranty represents protection against potential financial loss incurred as a result of product failure.