Plaintiff’s expressed warranty claim is unusual and likely does not meet the required elements for such a claim under Iowa law. No Iowa court appears to have dealt with a seller’s promise to “make it right” after the sale had occurred. Furthermore‚ Iowa courts have not yet addressed a post-sale express warranty claim. Therefore‚ there is not much direct precedent on this issue. Nevertheless‚ it does not appear the Plaintiff’s claim meets the required elements of an express warranty claim. A plaintiff
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Holder in due course the holder must not have notice that instrument contains any fraud or forgery or is subject to any claim or defense. The note was not forged however it was subject to a defense. This defense was a breach of warranty‚ Due to this breach of warranty Elmer sufferd $10‚000 in damages. This gives Elmer the right of claim and recoupment. Claim and recouoment allows the maker of the note to reduce the amount owed by to the holder.the amount of damages in a claim rising from the
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EXTENDED ESSAY THE CRUCIBLE In this extended essay I will undertake a detailed analysis of some of the major themes in The Crucible by Arthur Miller. Hysteria and‚ the oppressive nature of society are all addressed by the playwright‚ However‚ the theme of the power struggle‚ principally‚ individuality vs society is paramount. I also wanted to discuss how relevant the themes and the characteristics in the crucible are in the real modern and social world. This vital theme dominates the play. In
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Conclusion VI.1 Summary VI.2 Relation VI.3 Implications and recommendations Introduction Why I choose this area of study For my Extended Essay‚ I have chosen to write about how People of the Ethical Treatment of Animals (PETA) use language and imagery to persuade its audience’s beliefs about animal rights. As I was planning what to do for my Extended Essay I came to think‚ are PETA’s ways of persuasion too much or are they adequate? This made me realize that PETA relies a lot on people
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Peter Mehnert Rhet 105 Ms. Paterson 11/14/12 Extended Synthesis: Cigarette Smoking Tobacco has played an important role in America from the beginning. It was grown as a cash crop by the Jamestown settlers in 1612‚ but over the years the popular opinion has changed about tobacco. Tobacco is used to make cigarettes‚ which have been extremely popular‚ now known to be extremely dangerous. Even the warnings on the cigarette box have changed to a statement much more alarming. In the 1960s‚ the warning
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Extended Definition {To explain a new term or phrase} It is unfortunate that homosexuality is so looked down upon in our time and age. The definition “homophobia” was coined to describe a fear of homosexuals. However‚ the word is not used in the terminology it is meant to be used. I do not believe that people legitimately fear homosexuals as much as they are intolerant towards them. It is fear of abnormality that drives people to homophobia. In the 1970’s‚ George Weinberg coined the term
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Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/NPL/ Software distributed under the License is distributed on an "AS IS" basis‚ WITHOUT WARRANTY OF ANY KIND‚ either express or implied. See the License for the specific language governing rights and limitations under the License. The Original Code is Mozilla Communicator client code‚ released March 31‚ 1998. The Initial Developer of the
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What is Yoga? So where did Yoga originate? Yoga is a form of art created 5‚000 years ago to synchronize the system of the mind‚ body‚ and spirit. The word yoga means “union” in Sanskrit‚ the language of ancient India where yoga originated. (Yoga Online) We can think of the “union” occurring between the mind‚ body and spirit. Yoga can also be effectively explained by the Sanskrit word “asana”‚ which refers to the practice of physical postures or poses. Although yoga was originally created in ancient
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Nadel family. 3. Briefly state the facts of this case. The child‚ Christopher Nadel‚ was suffered second-degree burns on his right foot as a result of spilled hot coffee. The Nadel’s raised the below claims: a. Breach of a warranty of merchantability and breach of a warranty of fitness for a particular purpose. Both are based on the allegation that the coffee was too hot to consume. b. Product liability for a defective product and a failure to warn of the dangers of handling liquid served as hot
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baseball bat from the defendant and the baseball bat turned out to be broken because‚ since as soon as the defendant used the bat to play baseball‚ the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (UCC 2-314). No Industria De Calcados Martini Ltda. v. Maxwell Shoe Co.‚ 36 Mass. App. Ct. 268 (Mass. App. Ct. 1994) INDUSTRIA DE CALCADOS MARTINI LTDA. v. MAXWELL SHOE CO.‚ INC. No. 92-P-1322
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