BUSINESS LAW
17th Edition
ISBN: 9780357007594
Author: Mann
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 9, Problem 8CP
Summary Introduction
To discuss: Whether the contract is governed by the UCC.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solutionStudents have asked these similar questions
Helvey brought suit against the Wabash County REMC (REMC) for breach of implied and express warranties. He alleged that REMC furnished electricity in excess of 135 volts to Helvey’s home, damaging his 110-volt household appliances. This incident occurred more than four years before Helvey brought this suit. In defense, REMC pleads that the Uniform Commercial Code’s (UCC’s) Article 2 statute of limitations of four years has passed, thereby barring Helvey’s suit. Helvey argues that providing electrical energy is not a transaction in goods under the UCC but rather a furnishing of services that would make applicable the general contract six-year statute of limitations. Is the contract governed by the UCC? Why or why not?
Deborah McCullough bought a new car from Bill Swad Chrysler, Inc. The car was protected by both a limited warranty and an extended warranty. McCullough immediately encountered problems with the automobile’s brakes, transmission, and air conditioning and discovered a number of cosmetic defects as well. She returned the car to Swad for repairs, but Swad did not fix the brakes properly or perform any of the cosmetic work. Moreover, new problems appeared with respect to the car’s steering mechanism. McCullough returned the car twice more for repairs, but on each occasion, old problems persisted and new ones emerged. After the engine abruptly shut off on a short trip away from home and the brakes again failed on a more extensive excursion, McCullough presented Swad with a list of thirty-two of the car’s defects and demanded their correction. When Swad failed to remedy more than a few of the problems, McCullough wrote a letter to Swad calling for rescission of the purchase agreement and a…
In the case, the Supreme Court held the content of Westboro's signs related to private matters.
True
False
Knowledge Booster
Similar questions
- Kate owned a small grocery store. One day John went to the store and purchased a can of chip dip that was, unknown to Kate or John, adulterated. John became seriously ill after eating the dip and sued Kate for damages on the grounds that she breached an implied warranty of merchantability. Is Kate liable? Why?arrow_forwardThe statute of limitation is also known as the prescription period." True Falsearrow_forwardBased on the Sale of Goods Act 1957, explain the rule of “nemo dat quod non habet”. State SIX (6) exceptions to the rule.arrow_forward
- John worked as a sales representative for ABC Corporation for five years. During his time there, he signed a non-compete agreement, which stated that if he left the company, he would not work for a competing company within a 50-mile radius for two years. After five years, John decided to leave ABC Corporation and start his own business selling similar products. He opened his business just 20 miles away from ABC Corporation's headquarters. ABC Corporation filed a lawsuit against John, claiming that he violated the non-compete agreement and was taking away their customers. Questions: Is the non-compete agreement enforceable in this case? Is the 50-mile radius reasonable? Is John's new business considered a competitor to ABC Corporation?arrow_forwardBrian Cleary and Rita Burke filed a suit against cigarette maker Philip Morris USA, Inc., seeking class-action status for a claim of deceptive advertising. Cleary and Burke claimed that “light” cigarettes, such as Marlboro Lights, were advertised as safer than regular cigarettes, even though the health effects are the same. They contended that the tobacco companies concealed the true nature of light cigarettes. Philip Morris correctly claimed that it was authorized by the government to advertise cigarettes, including light cigarettes. Assuming that is true, should the plaintiffs still be able to bring a deceptive advertising claim against the tobacco company? Why or why not?arrow_forwardThe Province of Saskatchewan, Canada hired a courier to deliver an envelope to a land registry office in British Columbia (BC). Unknown to the courier company, the envelope contained a document relating to land owned by the plaintiff. If delivered on time, the document would have enabled the plaintiff to complete the sale of its land. The courier company was unreasonable slow and delivered the document too late. Consequently, the plaintiff was unable to perform the contract of sale, and it suffered a loss of huge amounts. The Plaintiff sued the courier company for the loss suffered as well related incidental expenses. Does the action of the Plaintiff prosper? Please state your reasons.arrow_forward
- In 1967, a Chicago brewer, Meister Brau, Inc., began making and selling a reduced-calorie, reduced-carbohydrate beer under the name “LITE.” Late in 1968, that company filed applications to register “LITE” as a trademark in the U.S. Patent Office, which ultimately approved three registrations of labels containing the name “LITE” for “beer with no available carbohydrates.” In 1972, Meister Brau sold its interest in the “LITE” trademarks and the accompanying goodwill to Miller Brewing Company. Miller decided to expand its marketing of beer under the brand “LITE.” It developed a modified recipe, which resulted in a beer lower in calories than Miller’s regular beer but not without available carbohydrates. The label was revised, and one of the registrations was amended to show “LITE” printed rather than in script. In addition, Miller undertook an extensive advertising campaign. From 1973 through 1976, Miller expanded its annual sales of “LITE” from fifty thousand barrels to 4 million barrels…arrow_forwardCourtney lived in Wyoming. On New Year’s Day she purchased a weight loss drug manufactured in Oklahoma by an Oklahoma Corporation, Ozzipic, Inc. Courtney learned of the drug from multiple advertisements on her local television station and in local newspapers. After suffering from a serious gastrointestinal illness, she sued Ozzipic in a Wyoming state court for $100,000. Ozzipic argued that Wyoming did not have personal jurisdiction over them because they were an Oklahoma corporation. How should the court rule? a. Wyoming does not have personal jurisdiction over the Oklahoma defendants because an advertisement in a local paper does not amount to minimum contacts. b. This case should be transferred to Federal Court based on Diversity Jurisdiction, as the plaintiff and defendant are from two different states and the plaintiff is seeking more than $75,000 in damages. c. Wyoming has personal jurisdiction over the Oklahoma defendants because they made one sale in…arrow_forwardMartha Simms is the plaintiff in a contract suit she has brought against Floral Supply, Inc., for its failure to deliver the green sponge Martha needed in building the floral designs she sells to exclusive home decorators. Martha had to obtain the sponge from another supplier and was late on seven deliveries. One of Martha’s customers has been called by Martha’s lawyer as a witness and is now on the witness stand, testifying about Martha’s late performance and the penalty she charged. The lawyer for Floral Supply knows that Martha’s customer frequently waives penalties for good suppliers. Provide a paragraph with more than five sentences (i.e., in the section for “Purport”) that interprets the theme of the case, based on conceptsarrow_forward
- Martha Simms is the plaintiff in a contract suit she has brought against Floral Supply, Inc., for its failure to deliver the green sponge Martha needed in building the floral designs she sells to exclusive home decorators. Martha had to obtain the sponge from another supplier and was late on seven deliveries. One of Martha’s customers has been called by Martha’s lawyer as a witness and is now on the witness stand, testifying about Martha’s late performance and the penalty she charged. The lawyer for Floral Supply knows that Martha’s customer frequently waives penalties for good suppliers. 1. In what legal tribunal the Simm’s case is tried? 2.To which jurisdiction does the trial of the Simm’s case belong?arrow_forwardBee's Beauty Supplies gave an exclusive sales contract to Ellie to sale its products in the Western region of the State of Missouri. While selling the product and working with Bee's Beauty Supplies Ellie became privy to proprietary information and secrete ingredients. After selling the products for a year, Ellie thought she could make a better product herself. Ellie used her knowledge of Bee's Beauty Supplies products and created what she believed to be a superior product. She began offering her products to the clients she was selling Bee's Beauty Supplies to, while she also continued to sale Bee's Beauty Supplies. Is there an agency relationship between Bee's Beauty Supplies and Ellie? If so, who is the agent and who is the principle? What duties does Ellie owe Bees Beauty Supplies? Did she breach any duty? If so, what duty? Explain.arrow_forwardZucker purchased a mobile phone that included LookUP’s software, a database product containing information from 3,000 telephone directories. Every mobile phone sold with the LookUP software was wrapped in plastic shrinkwrap and prominently featured text notifying buyers that an enclosed license restricted use of the LookUP software product. After removing the cellophane cover and opening the mobile phone box, buyers could access the printed LookUP license. Moreover, consumers could not use the LookUP software product without first accepting the license posted on the screen. This license prohibited buyers from using the database commercially. Zucker, a college student, bought a mobile phone with LookUP software and then resold the database’s information on the internet to make some extra money for tuition. LookUP sued Zucker, who argued that the license did not apply to him because he never agreed to it. Zucker claimed the phone he purchased was not wrapped in plastic and was presented…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill EducationManagement (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSONSpreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
- Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSONBusiness Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSONFundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON