BA621-L5A7 - February 1 2010 BA621 Business Law Lesson#5...

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February 1, 2010 – May 21, 2010 BA621 Business Law Lesson #5 Assignment #7 Case 13-2 Summary: Williams v. Braum Ice Cream Stores, Inc. In this case (pages 349-350 of your text), the court set forth the two tests used in various jurisdictions to decide whether a breach of warranty of merchantability exists. The court explained both the "foreign-natural test" and "reasonable expectations test," then decided to adopt the reasonable expectations test. The case arose after the plaintiff broke a tooth on a cherry pit that was in cherry-pecan ice cream. Answer the following questions (from page 351 of your text) in order to increase your awareness of the extent to which a legal decision is dependent upon the criteria chosen to reach that decision. 1) What is the fundamental difference between the nature of the two tests discussed by the court in Case 13-2? Clue: Reread the discussion of the two tests in order to formulate your answer. The foreign-natural test dictates that as long as the substance naturally occurs in the food
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This note was uploaded on 05/06/2010 for the course BA LMA01 taught by Professor Weinstein during the Spring '10 term at Antelope Valley College.

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BA621-L5A7 - February 1 2010 BA621 Business Law Lesson#5...

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