TRANSAMERICA OIL CORPORATION v. LYNES‚ INC and Baker Internat’l Corporation Procedural history The plaintiff purchaser (Transamerica Oil Corporation) brought action to recover damages resulting from defendant sellers’ (Lynes‚ Inc) breach of an express warranty under Kansas Uniform Commercial Code. The U.S. District Court for the District of Kansas awarded damages to the purchaser. The sellers appealed. Facts Harold Brown‚ president of Transameria‚ saw defendants’ advertisement for “production injection
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FM 362-701 Professor Salerno Assignment 5: Due 5/01/13 To start establishing the store culture for this new luxury handbag and accessory company I will first have a storewide meeting iterating to everyone what our goals‚ mission‚ and visions for the company are. Taking from those I would like the entire staff to work together to come up with our idea of what our store culture should be. I believe when others are able to give their input on something they are more willing to follow those words
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MGMT 520 Week 3 Assignment Nadel et al. v. Burger King Corp. & Emil‚ Inc. case 1. What court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO‚ FIRST APPELLATE DISTRICT‚ HAMILTON COUNTY 2. According to the case‚ what must a party establish to prevail on a motion for summary judgment? (3 points) Emil moved for summary judgment‚ claiming that no genuine issue of material fact existed. BK also moved for summary judgment and pointed to evidence in the depositions that appellants
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accordance with this manual. • This dispenser is intended for water dispensing only. Do NOT use other liquids. Do NOT use for other purposes. Never use any other liquid in the dispenser other than known and microbiologically safe bottled water. Warranty is void if used for any other liquids including coffee‚ tea‚ juices‚ beer or wine. • For indoor use only. Keep water dispenser in a dry place away from direct sunlight. Do NOT use outdoors. • Install and use only on a hard‚ flat and level surface
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e-commerce has been increasingly popular‚ “through technical and business innovations that include embedded video on their sites‚ highly credible customer reviews and peer advice‚ free or subsidized overnight shipping‚ easy returns and extended warranties‚ and phone or on-page video chat for customer support”(2). If Best Buy can try to create a cheaper alternative‚ offering customers a faster‚ more convenient‚ and less-expensive online shopping atmosphere‚ perhaps Best Buy can have a dramatically
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Implied terms Terms implied as a matter of law Implied term of good faith Burker king v Hungry jacks BK同意让jk在他旗下develop bk franchise store.事后BK和shell达成另一个协议悄悄派出了JK。JK告BK breach the implied term of good and faith. Between professional person and their clients For work and material Reg v Rivers locking p 270 Reg叫rivers去装门。Rivers保证那个门是防盗的。可是晚上小偷还是进去了。 相反的例子。Court will not apply the implied term in the circumstance Helicopter v Roter-work p 271 原告叫被告修飞机，并且要求组件一定要符合出产商的要求。但是出产商的要求以及设计被原告视为秘密。后来在机尾上的bolt出现了问题。法庭判定，由于出产商产品
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limits the remedy for breach of warranty to repair or replace the defective part. Unfortunately one month after purchasing the auto‚ Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. I will determine what would be the result if Raymond Smith sued the dealership. Under the Uniform Commercial Code (UCC) Article 2‚ unless omitted or changed‚ the sale of any goods suggests a warranty by the seller that the goods
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much faster than if the store were to order them. After visiting the web site for Wal-Mart‚ I found a deal that beat the one in-store; a better warranty‚ better quality‚ and the size I wanted. They would also ship the tires to the requested store location‚ no shipping charges or down payment on my credit card. Furthermore‚ they offered an extended warranty for free repair and replacement for the life of the tires at any store location. The price could not be beat! I felt very satisfied with my purchase
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Citation: Babine v. Gilley’s Bronco Shop‚ Inc. District Court of Appeal of Florida‚ First District May 13‚ 1986 Facts: The appellant‚ Michael P. Babine brought suit against Gilley’s Bronco Shop‚ Inc. damages from injuries sustained at Kevin’s West‚ Inc. a nightclub‚ where he was thrown off the mechanical bull “El Toro”. The mechanical bull was sold to Kevin’s from Gilley’s. Gilley’s purchased it from another party. The purpose of the mechanical bull was for training rodeo cowboys. The appellant
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Kansas Uniform Commercial Code (UCC)‚ the plaintiff claim that there was a breach of an express warranty by the defendant. The acquired good did not perform. A jury in the state of Kansas found in favor of the plaintiff. The defendant appeals the decision. Facts: A suit was filed suit in the United States District Court for the District of Kansas against the defendant for breach of an express warranty under Kansas law‚ the plaintiff claim that the item that was acquired failed to perform‚ the
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