week2 - Moore v. Mack 1 Moore v. Mack Trucks Inc.: Agree...

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Moore v. Mack 1 Moore v. Mack Trucks Inc.: Agree How will the defendants respond? The defendants will respond by pointing out Mack’s warranty and Worldwide’s sales agreement. Both documents clearly leave no room for any other warranties implied or expressed. Worldwide’s sales agreement stated that the vehicle was sold “AS IS” and that they do not warranty any part of the vehicle. The truck was repaired under Mack’s manufacturer’s warranty. Mack’s warranty states: THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR CONDITIONS, EX-PRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF THE MANUFACTURER INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, CONSEQUENTIAL AND INCIDENTAL DAMAGES. (Moore v. Mack Trucks, Inc, 2001) Worldwide’s sales agreement states: SELLER MAKES NO WARRANTIES AS TO THE PROPERTY, EXPRESS, IMPLIED OR IMPLIED BY LAW EXCEPT, AS TO NEW VEHICLES ONLY, THE
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Moore v. Mack 2 MANUFACTURER'S STANDARD VEHICLE WARRANTY, WHICH IS INCORPORATED HEREIN BY REFERENCE. SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES FOR ANY BREACH OF WARRANTY. ALL USED VEHICLES ARE
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This note was uploaded on 12/24/2010 for the course BUSI 561 taught by Professor Self during the Fall '10 term at Liberty.

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week2 - Moore v. Mack 1 Moore v. Mack Trucks Inc.: Agree...

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