Chapter 12 - danger, should have discouraged distributors...

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Shawnae Cristobal Legal Aspects of the Business Process Professor Schulz April 8, 2010 Chapter 12: Sales, Product Liability, and Negotiable Instruments (1,2,4,6,9) 1. Probably. Under UCC §2-201(2), a signed memo between merchants that would be binding against the sender is sufficient to satisfy the statute of frauds against the recipient if he reads it and fails to object within 10 days. 2. United Technologies did in fact breach its express warranties contract, but not implied warranties. By stating that the plane had been “excellently maintained and has airworthiness” United Technologies led Comerford to believe that this plane was in a different condition than it was in. Comerford should win the case. 4. The standard is whether the defendant acted as a “reasonable person” would have. The appeals court reversed, holding that the plaintiffs had made out a valid negligence claim and were entitled to take their evidence to a jury. Plaintiffs could argue, e.g., that Texaco should have provided warnings of the
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Unformatted text preview: danger, should have discouraged distributors from selling to retailers who illegally packaged the goods in used milk containers, and should have refused to sell to distributors who didnt cooperate. 6. Where the damage testimony of an expert witness is speculative or not supported in the record, it should be stricken. Loss of the value of business (goodwill) may be recoverable as an element of consequential damages. 9. Whenever consumers are involved, consider the possibility that there is a consumer credit con- tract. The plaintiffs in this case are consumers who have borrowed money from a lender to purchase goods from a seller who is affiliated with the lender (both seller and lender are owned by Chrysler). Thus the con-tract is a consumer credit contract. Chrysler Credit was not a holder in due course. Therefore, it is subject to any defenses that the Feldes might have against the dealer, including that the car was defective....
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Chapter 12 - danger, should have discouraged distributors...

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