This website uses cookies to ensure you have the best experience. Learn more

Case Studies Of Warranty Liabilities Essay

1431 words - 6 pages

Case Study 1
Erica contracted to purchase a giant 72” television from Hometown Electronics with the delivery included in the purchase. Thus, Erica had a contract for goods and services where the sale of the good predominates and is covered under UCC Article 2 (Business Law II, Week II, Nature and Form of Sales, 2014) (U.C.C. - ARTICLE 2 - SALES (2002)). If Erica had participated in a cash sale that was concurrent that did not require delivery she would have taken possession of the goods at the time of sale (Twomey & Jennings, , 2011, pp. 381, 539). This concurrent condition did not occur as Erica and Hometown Electronics had a verbal agreement for the delivery of the television to her home. Per UCC Article 2 there is a supports this subsequent condition by the fact that Hometown electronics acted upon this condition as additional terms of acceptance in attempting to deliver the television (Twomey & Jennings, , 2011, pp. 380, 471) (U.C.C. - ARTICLE 2 - SALES (2002)).
Delivery terms were FOB destination because of the subsequent condition that Hometown Electronics acted upon at the time of the agreement concerning delivery. The third party to the contract, delivery truck, got in an accident when attempting to deliver the television. Therefore, the title to the goods, and the responsibility for them, transfers to the third party (Twomey & Jennings, , 2011, p. 497). Hometown Electronics is required to find a substitute television because the risk of loss did not pass to Erica until it arrived at her home (Twomey & Jennings, , 2011, p. 505).

Once delivery has occurred, it is Hometown Electronics responsibility demand Erica’s timely inspection of the television to ensure that there is no damage and that it operates according to manufacturer specifications per Revised UCC §2-316(3)(b) (Twomey & Jennings, , 2011, p. 527) (U.C.C. - ARTICLE 2 - SALES (2002)). If the damage is total, requiring replacement, the seller has the option to void the contract with a refund for the Television if payment previously occurred or has the right to cure (Twomey & Jennings, , 2011, pp. 505, 543). If the damage was partial and material, the buyer has the option to avoid the contract accept a substitute television subject to an allowance from the contract price therefore seeking damages for the goods’ diminished value (Twomey & Jennings, , 2011, pp. 505, 542, 543).
Prior to acceptance, the buyer has the right of inspection and rejection of goods (Twomey & Jennings, , 2011, pp. 542-543). When no defects are found and there are no grounds to reject the television it is Erica’s duty of Erica to accept the television (Twomey & Jennings, , 2011, p. 543). Acceptance is accomplished through express acceptance or after Erica has had a reasonable opportunity to inspect the television (Twomey & Jennings, , 2011, pp. 543,544).
Case Study 2
The sale of food and drink carries an implied merchantability where the food must be of average quality and fit for its...

Find Another Essay On Case Studies of Warranty Liabilities

Using case studies from specific companies, outline how seriously multinationals address the risk of CO2 emissions?

1116 words - 5 pages Using case studies from specific companies, outline how seriously multinationals address the risk of CO2 emissions? Every passing day, the society in which we live is making big steps forward in almost every possible field ; technology, medicine, transportation, etc. Along with improvement and development there come also some serious problems related to the global warming and more specifically the increasing level of CO2 emissions in the

Sexual harassment in Egypt: Case studies of organizations combating sexual harassment

1852 words - 8 pages First, Introduction In the Greek thought, the term ‘community’ was given a peculiar importance, specifically, in Aristotle’ politics; it ordained the political for them, it was the perfect portrayal of the state. In modern societies, Cities’ understanding of the hegemonic political unit across its pedestrians and nationals had been chiefly downgraded. Alienation, hostility and Isolationist Individualism had been the new correspondents of

Is Water Privatization a Viable option in Latin America? Case Studies of Bolivia and Argentina

2773 words - 11 pages Mokherjee are also of the opinion that, while part of the discrepancy in the two opinions arises from the fact that "most of the empirical studies have pertained to transition countries in Eastern Europe and the former Soviet Union" (McKenzie and Mokherjee, 2003), a large factor is also the difference in the evaluation criteria used by the economists and the social groups. "Increases in efficiency can come at the expense of customers, workers and

Humanities: Health & Medicine: Case studies Incorporating cultural assessment in the care of families

1806 words - 7 pages developed and a ventriculo-peritoneal shunt was inserted. Olivia also developed a postpartum complication of disseminated intravascular coagulation. Mom and baby were discharged home after mom's recovery and the case was referred to public health nursing for follow-up.The public health nurse (PHN) found that the baby was cared for by the relatives during the first visit. Communication with the family was difficult as the nurse did not speak Spanish

Year 11 legal studies oral on the case of Mr. Wayne Kelvin V. The People

1293 words - 5 pages If your honor pleases my name is WHITE initial A and I appear before the court for Mr. Wayne Kelvin Lavender. Mr. Lavender is the respondent in this case after the queen, wishing to upgrade my client's sentence from criminal negligence resulting in manslaughter to murder, lodged an appeal.I seek leave to approach the bench with my submission.The Facts of the case are clear, the case involved manslaughter and alleged criminal negligence by my

Case Solution of Horniman Horticulture. Case Studies in Finance - Managing for Corporate Value Creation by Bruner, Robert F, - 5th Edition, McGraw-Hill Irwin, 2003

5202 words - 21 pages Untitled Horniman Horticulture - Presenting Background This case was developed by a professor at the University of Virginia. Horniman Horticulture is a fictional company reflecting the issues facing actual firms. Horniman Horticulture (HH) is a privately-owned wholesale nursery business in Lynchburg, Virginia. Bob Brown and his wife, Maggie Horniman, bought HH from Maggie's father in 2002 for $999,000. The nursery's

Serial killers:what about them? the psychology of serial killers. some case studies. few spelling errors.over all content was said to be exlent by my teacher

4853 words - 19 pages profit(Black Widow and Profit or Crime) were generally active for a surprisingly long period of time before they were apprehended for murders ceased for some other reason. ( 23 April 2004).Waneta Hoyt (1965-1971) killed 5 of her 6 children in Oswego, New York by suffocation, claiming they had just stopped breathing. The case came on the advent and discovery of sudden infant death syndrome (SIDS

Agency law (business organisation)222 (turtorial 2.9)

719 words - 3 pages Identify the area or areas of lawThe area of law concerns this case, which in connection with the Agency, especially duties, rights and liabilities of an agent.Explain the principles of lawApparent or Ostensible AuthorityWhere an agent is engaged to sell property, it will normally fall within the scope of the agent's ostensible authority to describe the nature and quality of the property that he/she is selling on behalf of the principal

The Construction Claim Entitlement Type of an Implied Warranty

1461 words - 6 pages   Table of Contents Introduction 1 Types of Implied Warranties 2 Overview 2 Statutory Warranties (Disclaimable) 3 Common Law Warranties (Non-Disclaimable) 3 Case Study 4 Conclusion 5 Works Cited 6 Introduction This research paper will explore the construction claim entitlement type of an implied warranty. In general, contracts can often be classified according to the method by which they are created or developed. Under this classification

Business Responsiblity

1113 words - 5 pages includes legislation on sales contracts, warranties, product liabilities, and breaches. Good faith tends to be one of the major determining factors when considering proper protection and the basis of breaches, especially in the United States (Scarborough, 2012; Martin, 2006). The basic principles of the sales contract are agreement, consideration, capacity, and legality and the UCC, Article 2 considers the sale of every good but they must be

Core 1 – Week 1 Immersive Case

1748 words - 7 pages agreement Issue On November 29, a sales agreement was signed to supply $50,000 of furniture per month over the next three years and provide warranty services on the furniture for five years. The issue is that MD received a bonus of $75,000 on March 1, the time of signing the sales agreement, which was recorded as revenue. This amount should be recognized over the life of the contract which in this case is three years, starting March 1, 2015

Similar Essays

Two Case Studies Of Anorexia Nervosa

1708 words - 7 pages (A.D.A.M., 2013). This disorder has implications regarding one’s security, psychological, emotional, and most importantly, physical health. It can lead to death if too extreme because the patient lacks the intake of necessary nutrients to function. Two case studies describe individuals who try overcoming their emotional and psychological battles as they suffer from AN. Both case studies reveal strengths in their findings that have important future

Case Studies And The Design And Application Of Information Technology

2959 words - 12 pages Case studies play a significant role in the design and implementation of information technology. This is because of the fact that the global information technology industry is almost influenced by the same technological trends and it is feasible for them to share information regarding customization, upgrades and developments (Petrides 2000, 23). This paper will attempt to shed light on the manner in which case studies can inform in the design

Student Discipline Strategies For Teachers: Analisis Of Case Studies

2418 words - 10 pages teachers are more able to maintain a proper focus during instruction and avoid reacting to relatively unimportant things while teaching. Based on the scenario, we can see that Mr. Andy initiative is effective. He is trying to gain control of Danish by displaying ‘withitness’. Mr. Andy shows that he is aware of the students’ behaviour in the class. In this case, students know that the with-it teacher detects inappropriate behaviour in the class

The Contribution Of Patient Case Studies On Our Understanding Of Cognitive Processes

2195 words - 9 pages neuropsychology a branch of cognitive psychology rather than neuroscience. Patient case studies have played a critical role in developing cognitive neuropsychology into a separate discipline, although data from case studies can support and even progress cognitive neuroscientific findings about neural architecture. Cognitive neuroscientific research has identified dorsal and ventral visual pathways (e.g. Shapley, 1995, cited Pike and Edgar, 2010) in the