Belden_Assignmentweek5 - Question 1: Read Tietsworth v....

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Question 1: Read Tietsworth v. Harley-Davidson , pp 602-604. Answer questions 1-3 (not #4). 1. According to the Wisconsin Supreme Court, under what circumstances might the non-disclosure by a seller of a defect constitute misrepresentation? When a seller does not disclose the fact that there is a defect on the product, or past injury has occurred constitute misrepresentation. If there have been other known complaints than the seller must disclose prior issues. B. Did the court find that Harley-Davidson had a duty to disclose in this case? Explain. The court did not state that Harley-Davidson had a duty to disclose in this case. According to the case the court found that Harley-Davidson did not need to disclose about the cam bearing because they were unaware of it. They represented their product truthfully. The court found that “The majority opinion, with little analysis or authority, dismisses all of these statements as puffery. I conclude that Harley-Davidson's statements, read as a whole, were not puffery and are sufficient to support a claim under Wis. Stat. § 100.18.” (Findlaw.com, 2011). Harley-Davidson has had a solid product for many years with no other issues. The issues were with very small number of motorcycles and Harley-Davidson made it right by extending the warranty. 2. A. What injury, if any, do the plaintiffs claim they suffered in this episode? The plaintiffs claim that they suffered fraud. They spent more money than they would have if they had known of the mechanical problem with the motorcycle. b. According the WI, supreme court, must a plaintiff in a fraud action prove that he or she has suffered actual damages prior to bringing a claim? Explain A claim can be brought without actual damages needing to be proven. However in order for the court to side with the plaintiff actual damages must be proven. As with this case if
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This note was uploaded on 04/02/2012 for the course BUSINESS mgmt taught by Professor Bruehlman during the Fall '12 term at Chadron State College.

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Belden_Assignmentweek5 - Question 1: Read Tietsworth v....

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