Aviation Law Questions Over Chapter Eleven SP18 11.doc

If you sell an aircraft to this customer for that

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need to be capable of carrying that load from Dallas to Buenos Aires, Argentina, nonstop. If you sell an aircraft to this customer for that purpose, what warranties will you be making to the buyer? If the seller shows to the purchaser that a particular aircraft is performing its mission and that the purchaser relies on the seller's representativeness under such conditions, the seller has implicitly guaranteed the ability of the aircraft to perform its function, creating a specific purpose. If an aircraft is found not to do the work, the seller has violated the warranty and the buyer is entitled to a full refund. 7. You are a co-owner of a business that has a dealership for a major manufacturer of general aviation aircraft. The aircraft typically arrive at your dealership from the factory ready for delivery to the customer, and your company does not usually perform any inspection or other work on the aircraft prior to sale and delivery to a buyer. A new
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aircraft your company recently sold to a customer has crashed, killing everyone aboard. It appears that the crash was caused by a design or manufacturing defect. a. Is your business exposed to any risk of being found liable? Explain. All implied warranties may be denied by an approved representation, such as "no warranty extends beyond the description of an aircraft under this Agreement, including, but not limited to, implied warranties of specific merchantability or fitness. Any defect or other language in common understanding that will alert buyers to excluding warranty and make it clear that there is no implied warranty, otherwise there is a risk of litigation. b. If such liability is found, will it make any difference to you whether your company was organized as a partnership or a corporation? Explain. In partnership, your company has unlimited liability for all debts and liabilities that occur while operating the business. However, a corporation does not.
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  • Fall '18
  • vandoren
  • Contract Law, Implied warranty, Secured transaction

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