Implied warranty

1. The question is whether, under an implied warranty of merchantability if the coffee that was sold to Mrs. Leibeck was served in a defective state unfit for their ordinary purpose, and that the coffee that was served was the same quality and value as similar goods sold under similar circumstances. 2. The question is whether; under the provisions of an implied warranty of fitness, did McDonalds know of the dangerous condition inherent in serving its coffee at 180-190 degrees “so hot” that it…

According to Finzen (2003, Feb. 11), “The tort reform campaign has gained much wider acceptance, however, in the jury box. Many jurors now treat as self-evident the notion that the nation is plagued with “frivolous” lawsuits and outrageous jury verdicts. The rich and greedy plaintiff's lawyer has become a part of American folklore” (Finzen, 2003 Feb. 11). In this paper I am going to be talking about the relevant law of this case, the applicable facts of this case, and whether this case suggests…

of the dryer. Court did not find Larkin and Jones Appliance Company to be completely liable and did not breach the contract (express and implied warranties). Issue: Is Larkin and Jones Appliance Company liable for damages due to the expressed warranty? Holding: Yes, they were found for the consequential damages caused by the dryer due to the express warranty. Majority Opinion Reasoning: DUNN, Justice A. Rule: I. Strict liability theory, which does not…

subsequent flooding of the excavated site occurred due to the Government’s negligence of providing this information to Spearin. Hence, the Court determined that Spearin was excused from continuing performance because the Government breached its implied warranty to Spearin that the plans and specifications were adequate; Also by annulling the contract, the Government was liable for all damages resulting from the…

A contract, a legal written or spoken agreement, can be governed by state, common or private law. Private law includes the terms of agreement between the parties who are exchanging promises. In certain situations, private law can override state laws, according to Legal Information Institute. When active concealment, intentionally hiding information, has taken place, it could cause a contract to be invalid, or the contract between Maynard and Pierre's Awesome Car Place could be considered valid…

A warranty is a less important term which is incidental to the main purpose of the contract. Failure to observe it does not cause the whole agreement to collapse; but consequently the innocent party may claim damages for its breach but is not allowed to treat the contract as repudiated. If the washing machine supplied to James works but looks shoddy owing to damage to the exterior casing caused during delivery by Bernard, a claim for damages may take the form of a reduction in the purchase…

When running a business the company needs to have a legal team. The legal team is put in place to keep the companies complaint by country or state by laws. Laws are rules put in place to enforce proper behavior. Companies such as Equal Employment Opportunity Commission, Environmental Protection Agency, Food and Drug Administration, Federal Trade Commission, and Occupational Safety and Health Administration regulate the actions of businesses. There are six areas that legal issues would fall into.…

with legitimate research. I’ll be talking about the three events that’ve occurred at the Grove Theatre in Salford. In Contract Law I’ll be talking about the variance between an offer and invitation to treat, and the variance between condition and warranty. In Tort Law I’ll be talking about vicarious liability and seeing if this applies to Wicked Theatres Group Ltd. Finally in Employment Law I’ll be talking about employee status and…

conditions on the contract so they do not breach them, this applies to all contracts. Warranties: A warranty is an assurance in the contract. It is assurance form the seller to the buyer of products, or services. This means if a product is sold it will have a warranty, meaning if it breaks the customer may have a refund or this product exchanged. The business should be aware of these and stick to product warranties as failure to do so means you are breaching a contract and normal procedures can…

I. Warranty of Habitability "In a rental of any premises for dwelling purposes . . . there is an implied warranty that the premises are fit for human occupation." Bos. Hous. Auth. v. Hemingway, 293 N.E.2d 831(1973). The warranty of habitability covers the common areas, see McKenna v. Begin, 362 N.E.2d 548, 553 (1977), but "includes only the physical maintenance and repair of a dwelling unit." Doe v. New Bedford Hous. Auth., 630 N.E.2d 248, 253 (1994). Because the freedom from sexual…