This case is an interesting one because it gets right into the core of the confliction between the proprieties of contractual agreement. This case is focused primarily on Osborne Development Corp. and the multiple defects customers are experiencing with their homes. These upset customers are suing this Corporation in attempts to collect reparations for the discrepancies faced. The homeowners who purchased homes form Osborne Development Corp. (ODC) negligently purchased these homes. According to the Home Buyers Warranty ( HBW), “ Any and all claims disputes and controversies by or between the Homeowner, the Builder, the Warrant Insure and/or HBW…
Alpha Electronic Components, Inc., ships 100,000 silicon chips to Beta E-Products Corporation. The chips arrive a week early, on a Friday that is extremely busy on Beta’s receiving dock. Beta’s dockworkers check the bill of lading against the quantity marked on the boxes, but do not examine the chips. The chips are then put in the back of the warehouse until needed in the plant. The next week, when the chips are sent to the plant and unpacked, Beta’s plant manager discovers that the quality is less than that stated in the parties’ contract. Beta contacts Alpha to inform it of the defect. Does Beta have any remedies? If so, what are they? If not, why not?…
they were negligent? Explain. Wha test would be used to judge whether the drugstore owners…
Sharon would also be able to bring a claim of misrepresentation of the quality g of the goods. Under a of quality claim the seller misrepresented the quality of the good and the consumer relied on this misrepresentation to their determent, Here Dean misrepresented the quality of the boat to Sharon. He represented to her that the boat was ready to use and implied to her the boat was inspected by a mechanic by showing her her the mechanics 30 point checklist. Sandra relied on this misrepresentation to her detrment because she wanted a boat that was in good consition.…
Signal won’t necessarily succeed on his claims. “Acceptance of the goods prevents the buyer or lessee from exercising the right of rejection, but it does not necessarily prevent the buyer or lessee from pursuing other remedies” (Business Law Today; page 337). In some circumstances, a buyer or lessee are allowed to revoke their acceptance of the goods. The revocation of acceptance is not effective until the seller has been notified. The seller must also be notified within a reasonable time after the buyer discovers or should have discovered the grounds for revocation. Tuner noticed cartons with scrape marks and right away questioned Signal, but Signal assured they would not be damaged. A couple days later Tuner’s stocker opens some cartons and then discovers the damages, notifying Signal. Two days later is within a reasonable time. Therefore Tuner has not breached for accepting the goods. He could now keep the goods and recover damages caused by…
Analysis: Samantha is not able to prove that the grocery store had any knowledge of the hazardous substance on the floor; therefore, the grocery store was not negligent in its duty to the customer and cannot be held liable for Samantha’s injuries.…
After reading the latest scenario that the Sandwich Blitz management team must ponder pertains to one of their restaurants not being with in a newly changed health code. The dumpsters are too close to the store which violates the new laws. The government official not only informed the restaurant manager that Sandwich Blitz was in violation of the law he also offered to overlook it for a price. This offer has put the management into an ethical dilemma.…
Letisha would have had to either “file a complaint with the AG 's office. She could do so at http://www.dca.ca.gov/consumer/complaints.shtml. The AG will review her complaint for free and if they find anything unconscionable or illegal in the contract, they would resolve the issue in her favor.” (Lady Lawyer, 2009) Or she could have lodged a complaint with the Better Business Bureau (BBB) “Historically, over 70% of complaints filed through BBB are resolved. In some cases, BBB mediation or arbitration may be offered to assist in resolution.” (Council BBB, 2010) Today, she should file a complaint with the AG for resolution under the new law commencing with Section 17600 of Article 9 of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code Automatic Purchase Renewals. And she could still file a complaint with the BBB, not required for resolution, but just to give other consumers information on the unethical general business contract practices of…
In this article, Bobbie Jean Donnelly was a fraudster who used Travel and Expense reimbursements to defraud her company. Donnelly figured out how to manipulate her travel and expense reimbursements to eventually defraud her company of about $275,000. Had her company had proper controls in place for travel and expense reimbursements, wouldn’t have occurred to this magnitude.…
The amount listed is the enrollment agreement was 10,020.00 which gives a difference of :…
On January 13th 1999, a girl named Hae Min Lee was killed and buried in Leakin Park. Her ex-boyfriend, Adnan Syed, was convicted of this murder case and there are still holes and facts that don’t add up to help the situation. This case was so interesting that a podcast was made to research and try to find an answer. The woman, Sarah, made this podcast and worked on years of research but was unable to come to a final saying on whether or not Adnan was truly innocent or guilty. In my opinion, I feel there is not enough evidence to tell if he is innocent or guilty because of Jay’s story, the call records, and the Nisha call.…
It all took place more than 400 years ago. Francisco Noguerol de Ulloa was sentenced to exile for three years, forced to pay a minimal fine to His Majesty, and was forbidden to see his second wife, Catalina. The crime he, unintentionally, committed was bigamy, marriage to two wives. Noguerol was a rich man, a devout Catholic and a high – ranking political and social being. Yet he was convicted of bigamy and was thrown in prison like an ordinary criminal. The source of his downfall was two scheming nuns. During the sixteenth century, wealth, religious values, and political status played a significant role in Colonial Latin America. Women and their chastity were honored; Catholic Churches were protected from any scandals; and the Spaniards abided by the court. There was a sense of dominancy in Spain. In Francisco Noguerol’s case, wealth, gender, religious status, or his political position did not affect the outcome of the case, as the punishment was sufficient.…
If an item is advertised for sale at a particular price, but you get to the shop only to be told that there has been a mistake and the item is actually more expensive, the trader doesn't have to sell you the item for the advertised price. They're entitled to claim a genuine mistake was made.…
Nine factors surface from the case descriptions as mutual features that are related to these I mistaken convictions, ranging from flawed eyewitness identification to the lack of post conviction procedures that might help correct the mistakes. In most cases, more than one of these factors was present.…
Barron, James. “State Pays $2 Million to Settle Man’s Wrongful Conviction.” New York Times (2 Oct. 2012): A.28. National Newspapers Core. Web. 5 Mar. 2013.…