Law 3800, 2nd quiz F07

Law 3800, 2nd quiz F07 - NAME PIN Law 3800 T Edmonds Spring...

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____________________________ NAME _________ PIN Law 3800 T. Edmonds Spring 07 Second Quiz Jane is out walking in the public park one day and Jerry, for reasons known only to him, decides to fire a gun at Jane in an attempt to injure or kill her. Jerry takes aim and fires his gun at Jane. Jerry is a long distance from Jane. As a result of the distance and some highway noise, Jane is totally unaware that Jerry has fired the gun at her and the bullet from Jerry’s gun goes by Jane and lodges harmlessly in a tree trunk. 1. Which of the following statements is true with regard to these facts? a. Jerry has committed no tort. b. Jerry has committed a criminal assault. c. Jerry has committed the tort of battery. d. Both a and b above. e. Both b and c above. Walter is a salesperson for the Acme Vinyl Replacement Window Company. Walter calls upon potential customers in their homes. He visits the home of John and Mary Smith. He explains his company’s product and quotes them a price to replace their old, drafty windows. They are concerned about the fit and finish of Acme windows and Walter shows them a model window set furnished by Acme. They operate the window set several times and are satisfied that the fit of the windows in the frame is tight enough for their purposes. The Smiths order replacement windows for their entire home at a cost of $3,200. The agreement is oral, but Walter assures them that the windows come with a 10- year warranty against cracking of the vinyl and/or leakage between the panes of glass. When the windows are installed the Smiths are dismayed; the windows slide very loosely in their frames, unlike the model, and are unacceptable to them. They complain to Walter and Acme. They are told that Acme made them no warranty beyond the warranty against cracking and glass leakage. The Smiths want to sue Acme for breach of contract.
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2. What is your advice to them? a. they should sue, using UCC 2-314, Implied Warranty of Merchantability as the basis of their lawsuit. b. They should sue, using UCC 2-315, Implied Warranty, and Fitness for a Particular Purpose as the basis of their lawsuit. c. They should sue, using promissory Estoppel as the basis of their lawsuit. d. They have no case; Acme made them no express promises about the windows beyond the warranty against cracking and glass leakage. e. They should sue, using UCC 2-313 Express Warranties as the basis of their lawsuit. Questions 3 and 4 are based upon the following facts: Susan notes that the hoses that supply hot and cold water to her clothes washer appear to be deteriorating. She shuts off the water supply to both, removes them, and takes them to her local hardware store for help. She shows them to a clerk and tells the clerk where they came from. The clerk agrees that they are badly in need of replacement and selects two replacement hoses for her. She pays for them, takes them home and installs them on her washer and turns both the hot and cold water feed back on. A week later, while Susan is at work, the hot water
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Law 3800, 2nd quiz F07 - NAME PIN Law 3800 T Edmonds Spring...

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