Lms Integrated Mindtap Business Law, 1 Term (6 Months) Printed Access Card Cross/miller’s The Legal Environment Of Business: Text And Cases, 10th
10th Edition
ISBN: 9781337093897
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 7, Problem 8BCP
Summary Introduction
Case summary: The person D purchased a new F-250 pickup truck from the company D and asked for a lift kit to be installed before the delivery of the truck. Further, the person D also replaced the tires and modified the suspension system to increase the towing capacity. Later, the person D sold the truck to a person S, through a person B who altered the truck by repairing the steering stabilizer and replacing the tires. Post two months, while driving the truck, the steering and suspension failed suddenly, causing the person S to be severely injured.
To find: The basis on which the person S can file a case against persons D and B.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
S insured his appliance store under an owner, landlords, and tenant’s policy that included products liability coverage. While he was demonstrating a microwave oven the door came open and injured a customer. Which of the following would protect S?
The oven manufacture’s products liability policy
The premises-operation section on S’s policy
The products Liability section on S’s policy
The incidental contracts section of S’s policy
Deborah McCullough bought a new car from Bill Swad Chrysler, Inc. The car was protected by both a limited warranty and an extended warranty. McCullough immediately encountered problems with the automobile’s brakes, transmission, and air conditioning and discovered a number of cosmetic defects as well. She returned the car to Swad for repairs, but Swad did not fix the brakes properly or perform any of the cosmetic work. Moreover, new problems appeared with respect to the car’s steering mechanism. McCullough returned the car twice more for repairs, but on each occasion, old problems persisted and new ones emerged. After the engine abruptly shut off on a short trip away from home and the brakes again failed on a more extensive excursion, McCullough presented Swad with a list of thirty-two of the car’s defects and demanded their correction. When Swad failed to remedy more than a few of the problems, McCullough wrote a letter to Swad calling for rescission of the purchase agreement and a…
Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge…
Chapter 7 Solutions
Lms Integrated Mindtap Business Law, 1 Term (6 Months) Printed Access Card Cross/miller’s The Legal Environment Of Business: Text And Cases, 10th
Knowledge Booster
Similar questions
- Business Tort of Negligence Dewayne, a driver for Speedy Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument? Your paper should be between 500-750 words, with at least two cited external resources. View your assignment rubric. ROLK LOVEarrow_forwardRobert sold used cars, but he had little or no knowledge with respect to the technical aspects of any of the vehicles that he sold. Ray was seeking to buy a Honda Civic and Robert gave his opinion as to the speed of the car and its durability. Ray subsequently finalized the purchase and took control of the car. Two weeks after the purchase, the Honda Civic broke down and required extensive mechanical repairs. Ray is angry and is of the view that Robert misrepresented the condition of the car when he sold it. Ray is of the opinion that as a Used Car Salesmen, Robert should have known that the car was indeed in poor mechanical condition. Ray knows that you are studying Business Law at UWI Open Campus and sought your advice on the matter. Please advise Ray.arrow_forwardRobert sold used cars, but he had little or no knowledge with respect to the technical aspects of any of the vehicles that he sold. Ray was seeking to buy a Honda Civic and Robert gave his opinion as to the speed of the car and its durability. Ray subsequently finalized the purchase and took control of the car. Two weeks after the purchase, the Honda Civic broke down and required extensive mechanical repairs. Ray is angry and is of the view that Robert misrepresented the condition of the car when he sold it. Ray is of the opinion that as a Used Car Salesmen, Robert should have known that the car was indeed in poor mechanical condition. Please advise Ray using the IRAC methodarrow_forward
- Robert sold used cars, but he had little or no knowledge with respect to the technical aspects of any of the vehicles that he sold. Ray was seeking to buy a Honda Civic and Robert gave his opinion as to the speed of the car and its durability. Ray subsequently finalized the purchase and took control of the car. Two weeks after the purchase, the Honda Civic broke down and required extensive mechanical repairs. Ray is angry and is of the view that Robert misrepresented the condition of the car when he sold it. Ray is of the opinion that as a Used Car Salesmen, Robert should have known that the car was indeed in poor mechanical condition. Ray knows that you are studying Business, and sought your advice on the matter. Please advise Ray.arrow_forwardNegligence CaseWest v. East Tennessee Pioneer Oil Co.In Knox County Tennessee, a convenience store clerk refused to sell Brian Taver beer because he wasalready intoxicated. However, the clerk eventually activated the gas pump and, with the assistance of twoadditional store employees, who helped Taver operate the pump, Taver was able to purchase a small amount ofgas.Taver then drove off, going the wrong way on the highway and without his headlights on. Shortlyafterward, he crashed into an oncoming car, injuring Gary West and Michelle Richardson.West suffered several fractures of his legs, a head injury, and a broken elbow. West works in theconstruction industry. West, who has basic health insurance provided by his employer, was left with over$200,000 in personal debt as a consequence of the accident. Richardson suffered a severe closed-head injury.Richardson is an administrative assistant for the state of Tennessee. Her employer provided betterhealth insurance coverage, so she did not…arrow_forwardUsing the IRAC model to answer the question. Jim and Jane got married last Sunday. The next day they travelled to Extended Stay Hotel in Miami for their honeymoon. They arrived at the Hotel, checked in and proceeded to their room. At the back of the front door in their room was a notice excluding liability, which read that “ Extended Stay will not be responsible for articles lost or stolen, unless it is logged at the front desk for safe custody.” However, this exclusion clause could only be seen after the door is closed as well as, the actual notice was small and colored in black, with a white background. Regrettably, with all the excitement of their honeymoon, both Jim and Jane did not even notice the exclusion clause at the back of the door. One day when they were out shopping, someone came into their room and stole Jim’s laptop.…arrow_forward
- Robert sold used cars, but he had little or no knowledge with respect to technical aspects of any of the vehicles that he sold. Ray was seeking to buy a Honda Civic and Robert gave his opinion as to the speed of the car and its durability. Ray subsequently finalized the purchase and took control of the car. Two weeks after the purchase, the Honda Civic broke down and required extensive mechanical repairs. Ray is angry and is of the view that Robert misrepresented the condition of the car when he sold it. Ray is of the opinion that as a used car Salesman, Robert should have known that the car was indeed in poor mechanical condition. Ray knows that you are studying Business law and sought your advice on the matter. please advice Ray.arrow_forwardDr Lai went to SUPERSAVE supermarket to buy his groceries: he slipped and fell on a puddle of water on one of the aisles. The puddle has been caused by a leaking refrigerator inside the supermarket. The supermarket had a duty to keep the premises safe for its customers, but it had failed to fix the leak. However the supermarket did put up a warning sign near the puddle to alert its customer to beware of its slippery floor. Dr Lai suffered a broken arm from the result of the fall. Analyse the situation and determine wether the supermarket is liable for Dr Lai's injury. Advise wether Dr Lai has the rights to access damages with the supermarket. Include case laws and examples, if relevant.arrow_forwardAs part of its business, Kinko’s Graphics Corporation (Kinko’s) copied excerpts from books, compiled them in “packets,” and sold the packets to college students. Kinko’s did this without permission from the owners of the copyrights to the books and without paying copyright fees or royalties. Kinko’s has more than two hundred stores nationwide and reported $15 million in assets and $3 million in profits for 1989. Basic Books, Harper & Row, John Wiley & Sons, and others (plaintiffs) sued Kinko’s for violation of the Copyright Act of 1976. Plaintiffs owned copyrights to the works copied and sold by Kinko’s and derived substantial income from royalties. They argued that Kinko’s had infringed on their copyrights by copying excerpts from their books and selling the copies to college students for profit. Kinko’s admitted that it had copied excerpts without permission and had sold them in packets to students, but it contended that its actions constituted a fair use of the works in…arrow_forward
- John Campbell, an employee of Manhattan Construction Company, claims to have injured his back as a result of a fall while repairing the roof at one of the Eastview apartment buildings. He filed a lawsuit against Doug Reynolds, the owner of Eastview Apartments, asking for damages of $1,500,000. John claims that the roof had rotten sections and that his fall could have been prevented if Mr. Reynolds had told Manhattan Construction about the problem. Mr. Reynolds notified his insurance company, Allied Insurance, of the lawsuit. Allied must defend Mr. Reynolds and decide what action to take regarding the lawsuit.Some depositions and a series of discussions took place between both sides. As a result, John Campbell offered to accept a settlement of $750,000. Thus, one option is for Allied to pay John $750,000 to settle the claim. Allied is also considering making John a counteroffer of $400,000 in the hope that he will accept a lesser amount to avoid the time and cost of going to trial.…arrow_forwardWhat is a release of liability clause (exculpatory clause)?arrow_forward1. Happy Farms, Inc. ordered 1,000 gallons of a specialty pesticide, “Berry Good,†for its berry crop. The total price of the order was $15,000. Happy Farms paid $5,000 up front and promised to pay the balance upon delivery. JA changed the order to a newer product “Very Berry Good†without notice to or consents from Happy Farms. Upon delivery, the head farmer at Happy Farms, Allison Kagan, noted that the product was not the same as she ordered. Later that afternoon, Kagan notified JA that the pesticide was not what she had ordered and refused to pay the balance on the shipment. Happy Farms held the boxes of pesticide, but, to date, JA has not retrieved them. What are JA’s legal options in this situation? 2. Martin Rupe worked as the manager of one of JA’s retail outlets. A customer came in and offered to buy all remaining “Berry Good†pesticide for…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education