likelihoods of product default. The seller sometimes may claim these warranties impliedly or expressly. They also may disclaim warranties or restrict buyers to a few requirements to qualify for a warranty. A warranty is a promise‚ arising by operation of law‚ that something that is sold will be merchantable and fit for the purpose for which it is sold. Express warranties: need to be communicated by words to the consumer by the seller. The seller can communicate the agreement in a written contract or
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Issue 6. 1. Title: Consideration 2. Textbook reference: Chapter 12 3. Possible search terms: Consideration‚ past consideration‚ option-to-cancel‚ accord‚ satisfaction‚ release‚ promissory estoppel 4. Here is the situation: Andrea‚ the president of Standard Corporation‚ announces to Standard employees‚ “If you work hard‚ and profits remain high‚ you’ll get a bonus‚ if management thinks it’s warranted.” Profits remain high‚ but no bonus is paid. If the employees sue‚ would a court enforce the
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Business Discussion You own University Heights Apartments‚ a business that rents primarily to students. One evening‚ your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon’s screams attract the attention of Darryl‚ your resident manager‚ who comes to Sharon’s aid. Together‚ he and Sharon drive the intruder off‚ but not before they both are badly cut by the intruder. 1. Is the intruder liable for what he has done? a. Yes
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References: http://www.bailii.org/ew/cases/EWHC/Ch/1840/J90.htmlEntores Ltd v. Miles Far East Corporation (1955) EWCA Civ 3‚ (1955) 2 QB 327 http://www.bailii.org/ew/cases/EWCA/Civ/1955/3.htmlJackson v Union Marine Insurance (1874) 10 Common Pleas 125 http://en.wikipedia.org/wiki/Jackson_v_Union_Marine_Insurance Tsakiroglou & Co Lt v Noblee Thorl GmbH (1962) AC 93‚ (1961) 2 All ER 179 http://pntodd
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Remember that these questions were designed to help guide the analysis you might do to develop appropriate recommendations. You need to focus on identifying and solving the major problem(s) in the case. Make sure you understand WHY you’re doing each analysis and how you will use it to guide your recommendations. GOLIATH PRODUCTIONS – QUESTIONS The CEO of Goliath Productions has hired your consulting firm to produce a report on this possible breach of contract case‚ including recommendations
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Article Review Law/421 xxNamexx Month xx‚ 2012 A contract dispute between two businesses is very common. Litigations are handled in state courts or federal courts and during the arbitration. The disputes commonly involve intellectual property‚ privacy‚ ethics‚ and security. Many business to business contract disputes will include construction companies‚ real estate‚ Insurance claims‚ and in some cases they will include television stations. Upon reading an article with the famous TV show
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Resolving Ethical Business Challenges Chapter One 1. What are the potential ethical issues faced by Acme Corporation? Acme is essentially bribing buyers to purchase their products. This could backfire on them if the buyers company gets wind of it. The reaction of the company may be to fire their buyer and cut off Acme all together. This of course could be potentially fatal for Acme in two ways‚ one by damaging their infrastructure though lost revenue and two by damaging their corporate
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Kind Checks Cashed‚ Inc. v. Talcott it was crucial to determine whether holder of the instrument acted in good faith and fair dealing‚ as is required to have status of holder in due course. The definition of “good faith” is found in Commercial Law Article § 3-103(a)(4): “Good faith’ means honesty in fact and the observance of reasonable commercial standards of fair dealing.” The court upheld a trial court finding’s that Any Kind had not acted in good faith in cashing a check for $10‚000 but had been
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Alex Arzeno March 3rd – 2011 Mike Miller – Harvard Business School Case Introduction – Rather than outline this case going step by step to ultimately provide a synopsis with my overall opinion‚ I thought I would read the case all the way through and conclude with my thoughts and personal view. Please note that I will take into consideration this was written in a different era when expressing my view points. * I found it odd that Mike’s background was characterized as “unusual” for
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written law in the society It is important because rules need to be established in case someone breaks them (and people tend to). If they aren’t written‚ smooth-talkers will be able to talk their way out of punishment while less charismatic people will be punished more severely‚ and some judges will be far kinder than others (warning versus jail term). It is also harder to say "we need to punish domestic crimes more severely" when there is no set rule or punishment. Simply put‚ written laws are required
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