UNDERSTANDING BUSINESS (LL/ACCESS)
13th Edition
ISBN: 9781264671656
Author: Nickels
Publisher: MCG
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Question
Chapter A.5, Problem 9TP
Summary Introduction
To determine: The difference between the express and implied warranties.
Introduction: Warranty is the term of the contract law which is a kind of guarantee or promise over a product to replace and repair.
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What are the rights of an unpaid seller against the goods, as per the Sale of Goods Act?
What is an implied warranty? How is it created? Describe the implied warranty of merchantability (include merchantable goods and merchantable food) and the implied warranty of fitness for an ordinary purpose.
Bart Inc. developed a new medical rub called “NoPain Muscular Rub” that can be used in the event of muscular back pains. Bart Inc. via an online advertisement stated that they are willing to pay $5,000 to anyone who used their muscle rub “Nopain” for one week and still suffers from back pains thereafter.
Bill who suffers from back pains, saw the online advertisement and decided to purchase “NoPain Muscular Rub”. He used it for a full week, but nevertheless still suffered from back pains. Based on the fact that the muscular rub “Nopain” did not relieve his back pains, he sued Bart Inc. for the monies that were promised.
However, Bart Inc. argued that the advertisement was not an offer, but an invitation to invite offers. They further argued that at no point in time did Bill make an offer and as such, they are not bound to pay him any monies, since the parties did not create any binding agreement.
Advised Bill on his legal options stating relevant case law as well as using the IRAC…
Chapter A Solutions
UNDERSTANDING BUSINESS (LL/ACCESS)
Ch. A.1 - Prob. A.1AQCh. A.1 - Prob. 1TPCh. A.1 - Prob. 2TPCh. A.1 - Prob. 3TPCh. A.3 - Prob. 4TPCh. A.3 - Prob. 5TPCh. A.3 - Prob. 6TPCh. A.3 - Prob. 7TPCh. A.4 - Prob. A.4AQCh. A.5 - Prob. 8TP
Ch. A.5 - Prob. 9TPCh. A.5 - Prob. 10TPCh. A.5 - What are the six conditions for a legally binding...Ch. A.8 - Prob. A.8AQCh. A.9 - Prob. 12TPCh. A.9 - Prob. 13TPCh. A.9 - Prob. 14TPCh. A - Prob. 1CECh. A - Prob. 2CECh. A - Prob. 3CECh. A - If you are interested in working in the legal...Ch. A - Prob. 1CTCh. A - Prob. 2CTCh. A - Prob. 3CTCh. A - Prob. 4CTCh. A - Prob. 1DCSCh. A - Prob. 2DCSCh. A - Prob. 5DCSCh. A - Prob. 1PPTCh. A - Prob. 2PPTCh. A - Prob. 3PPTCh. A - Prob. 4PPT
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- the purpose and importance of recordkeeping, review, and/or maintenance in warranties.arrow_forwardExplain the applicability of the UCC to commercial transactionsarrow_forwardMary, a keen pottery collector, saw a notice for an auction at James Pottery Limited on September 30th 2017 in the Daily News. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item of Mozart pottery, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site she found a notice outside, stating that the auction had been canceled. Mary went into a nearby antique shop and saw an item of the same type of pottery she had come to bid for, which the price ticket stated $5000. Mary indicated to the shop owner, Anthony, that she was only willing to pay $4,000 for it. However, Anthony said he would sell it for $4,500. Mary then indicated to him that she would like time to think about it over lunch; Anthony thereafter, agreed not to sell it before Mary returned. However, when Mary returned to buy the pottery, she found that Anthony had already sold it to someone else, who had paid $4500 for it. In the context…arrow_forward
- Discuss the three major areas of products liability and the three major defenses to products liability also listed in the chapter. According to the scripture, who if anyone has a duty of restitution? Galatians 6:4-5 Exodus 20:15 Deuteronomy 5:21arrow_forwardDescribe the workflow needed to authorize therapeutic under emergency use authorizationarrow_forwardIn the following quote: "The BFOQ standard adopted in the statute is one of“ reasonable necessity, ”not reasonableness." What is the distinction between "reasonable necessity" and "reasonableness?"arrow_forward
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