Implied warranty

to Mr. Rogers was subject to an implied warranty of merchantability; and 2. If an implied warranty existed, what are the damages? LEGAL ANALYSIS AND DISCUSSION: Implied Warranty: Merchantability Mr. Rogers may be able to argue that the goods sold were not merchantable and an implied warranty existed. The Uniform Commercial Code §2-314 articulates the standard for an implied warranty. Under §2-314, there is an implied warranty of merchantability when: “[u]nless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied…

Topic 1: Contracts: UCC Implied Warranties 1) Introduction In contracts, buyers and sellers need to pay attention to all types of warranties. Warranties give the rights to either the buyer or seller and state things like how long the item should work, how well it should work, etc. A warranty that is not always in writing but is understood is an implied warranty. 2) Summary of law on topic Implied warranties are warranties that are assumed and automatically take place due to operation of law.…

WGC is entitled to summary judgment since there is no genuine dispute of fact concerning the existence of a valid warranty The court should grant summary judgment in favor of the defendant, WGC. Per Federal Rule of Civil Procedure 56(e) the non-moving party must show a dispute regarding a genuine issue of material fact to withstand a motion for summary judgment. See Anderson, 477 U.S. 242. A genuine issue of material fact exists where a reasonable jury could find for the non-moving party based…

Tippmann brand has been the #1 top selling brand of paintball gear for a great number of years now. Since the early 1980s Tippmann had been dominating the paintball market with its quality products. The longevity of the brand lends quite a bit of comfort to the consumer that their investment is a sound one. With these facts, combined with their unbeatable customer service, Tippmann is definitely the greater of the two brands we have gathered here to discus. Planet eclipse only entered the…

strategy, Best Buy acquired firms that had similar strategies to use as a competitive advantage against Circuit City and Walmart, the largest two competitors. In an effort to enhance the consumer shopping experience, Best Buy provided extensive training to it’s employees which was intended to be a service to customers. Absent of commission, sales associates could provide unbiased information about products and services to consumers. Best Buy required it’s employees to be knowledgeable and…

LIMITATION OF FOUR-YEAR FASS WARRANTY DISCLAIMER: To insure that you receive the proper system and customer support at the local level, FASS has established a VIP and Authorized Dealer network to represent FASS products. You must purchase through a network dealer to be eligible for our Four-year Extended Warranty. If you do not, there is no warranty! To make certain your dealer is part of the network, go to to www.FASSride.com, click “Find a Dealer,” enter the dealer’s ZIP code, and select…

conditions. I recommend getting an extended warranty that covers a wide range of repairs and services. Used Car Money Budget Before doing anything else, you must figure out how much you can afford before you do anything else in the process of buying a used car. Nobody’s going to be able to drive a car for free, you must at least figure out the amount that’s needed for the car you want. The most frequently searched price range for a used vehicle is under $5,000. Used car fees and taxes may also…

Ambiguity is used for the reader to draw his or her own conclusions, even if a meaning was meant to be implied by the author. In Henrik Ibsen’s Hedda Gabler, for instance, readers are left with ambiguity after the conversation between Hedda and Judge Brack in their second confrontation with one another. The reader knows that there has to be something more between the two characters due to the vagueness and obscurity of their conversation. Inevitably, he or she assumes that their relationship…

As previously discussed, a homeowner impliedly invites guests to enter their property by hanging a knocker. But in Grice, the proverbial knocker certainly was not hung. To the contrary, the front door was barricaded with furniture and covered with plastic. It seems troubling that even when a person has barricaded the door of his house, there was not even a whisper from the Grice court wondering if the implied license might have been revoked. By way of example, several circuits have held that a…

established by both the fact that BUTCH pet foods company has been around since 1964 and is still in business as well as by the lineage of similar ads that have been marketed by this company. These ads tend to ignore most of the population by focusing primarily on egotistical males and people who believe in the stereotypes it indicates. What makes this ad so bad isn’t really the content but the fact that society has accepted this ad as a normal part of advertising campaigns which shows that the…