Understanding Business
11th Edition
ISBN: 9780078023163
Author: William G Nickels, James McHugh, Susan McHugh
Publisher: McGraw-Hill Education
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Question
Chapter A.5, Problem 9TP
Summary Introduction
To determine: The difference between the express and implied warranties.
Introduction: Warranty is the term of the contract law which is a kind of guarantee or promise over a product to replace and repair.
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Chapter A Solutions
Understanding Business
Ch. A.1 - Prob. A.1AQCh. A.1 - Prob. 1TPCh. A.1 - Prob. 2TPCh. A.1 - Prob. 3TPCh. A.3 - Prob. 4TPCh. A.3 - Prob. 5TPCh. A.3 - Prob. 6TPCh. A.3 - Prob. 7TPCh. A.4 - Prob. A.4AQCh. A.5 - Prob. 8TP
Ch. A.5 - Prob. 9TPCh. A.5 - Prob. 10TPCh. A.5 - What are the six conditions for a legally binding...Ch. A.8 - Prob. A.8AQCh. A.9 - Prob. 12TPCh. A.9 - Prob. 13TPCh. A.9 - Prob. 14TPCh. A - Prob. 1CTCh. A - Prob. 2CTCh. A - Prob. 3CTCh. A - Prob. 4CTCh. A - Prob. 1DWSCh. A - Prob. 2DWSCh. A - Prob. 5DWSCh. A - Prob. 1TITCh. A - Prob. 2TITCh. A - Prob. 3TITCh. A - Prob. 4TIT
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- If the seller, through words or behavior, makes promises about the goods, he has created an express warranty. True or Falsearrow_forwardWhat are the rights of an unpaid seller against the goods, as per the Sale of Goods Act?arrow_forwardWhat is an implied warranty? How is it created? Describe the implied warranty of merchantability (include merchantable goods and merchantable food) and the implied warranty of fitness for an ordinary purpose.arrow_forward
- . In Arora v. Whirlpool Canada LP, 2013 ONCA 657, damages had been claimed for both express and implied warranty. Summarize the Court’s ruling regarding these two issues.arrow_forwardBriefly Describe the functions of a package as protection of pharmaceutical products ? Please explain at your own words.arrow_forwardBart Inc. developed a new medical rub called “NoPain Muscular Rub” that can be used in the event of muscular back pains. Bart Inc. via an online advertisement stated that they are willing to pay $5,000 to anyone who used their muscle rub “Nopain” for one week and still suffers from back pains thereafter. Bill who suffers from back pains, saw the online advertisement and decided to purchase “NoPain Muscular Rub”. He used it for a full week, but nevertheless still suffered from back pains. Based on the fact that the muscular rub “Nopain” did not relieve his back pains, he sued Bart Inc. for the monies that were promised. However, Bart Inc. argued that the advertisement was not an offer, but an invitation to invite offers. They further argued that at no point in time did Bill make an offer and as such, they are not bound to pay him any monies, since the parties did not create any binding agreement. Advised Bill on his legal options stating relevant case law as well as using the IRAC…arrow_forward
- Contrast with examples affirmative warranties from promissory warranties.arrow_forwardDetermine the delictual liability from this scenario? Tree Combined School has hired a flower planting contractor to plant flowers in the school premises. The contractor came with two trucks to supply fertile soil and flowers. The deputy principal requested all educators to supervise learners during break to avoid injury. On Monday educators followed their ground duties roster very well. On Tuesday one of the educators came with a birthday cake and invited all educators to come and enjoy his birthday during break. He told educators that they should not be afraid to leave learners alone because they have a right to eat during break. While all educators (including those that were on duty) were busy enjoying themselves, one of the groundsmen came running to the deputy principal’s office to inform him that one of the grade 2 learners has been knocked down by a truck.arrow_forwardExplain the distinction, in English contract law, between a condition and a warranty.arrow_forward
- 18) The aggrieved party can claim only the damages in case of breach of warranty. a) True b) False 19) A buyer has right to examine goods for the purpose of ascertaining whether they are in conformity with the contract. a) True b) False 20) In respect of hire purchase, the owner must serve the hirer and the guarantors a copy of the hire purchase agreement within 14 days after it is made a) True b) False 21) In hire purchase, the owner must obtain from the hirer a deposit in cash or in goods or partly in cash and partly in goods, to a value not less than one-fifth of the cash price of the goods. a) True b) Falsearrow_forwardLocal camping supply store, Happy Campers, has been sued by an angry customer for breaching ACL s 54. According to the customer, Happy Campers sold her a pair of hiking boots that broke soon after she started wearing them. According to Happy Campers, the customer was told that the shoes were discounted because they were defective. Required: You have been asked to interpret ACL s 54, and to help Happy Campers understand if it has a valid defence.arrow_forwardWith reference to the law of sale, provide a discussion on the remedies available to a buyer.arrow_forward
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