19) The Elle Corporation manufactures fingernail polish. Suzy buys a container of Elle'sfingernail polish, applies it to her nails, and suffers a severe allergic reaction. She sues Elle underthe implied warranty of merchantability, The test for determining whether Suzy will recover iswhether:A) the nail polish she bought was suitable for the needs of the average consumer.B) the nail polish she bought properly performed its function of coloring one's nails.C) such a reaction in an appreciable number of consumers was reasonably foreseeable.D) the ingredient causing the reaction was foreign to the nail polish or natural to it.nating one model, Bobby notices

In the given scenario, Suzy purchases a box of Elle's fingernail polish employs it to her nails but…

Answered: 19) The Elle Corporation manufactures…

Understanding Business

12th Edition

ISBN:9781259929434

Author:William Nickels

Publisher:William Nickels

Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment

Section: Chapter Questions

Problem 1CE

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You are President and CEO of Apex Business Systems, Inc. (Apex). Apex, through its purchasing agent, bought a new microwave from Inki Appliances Company (Inki) who sells microwaves on a daily basis. There was no written or oral warranty given when the sale was made. The microwave stopped working one week after it was placed it in the company kitchen. Assume also that nobody misused the microwave or in any way caused it to quit working. The purchasing agent returned the microwave three days after it quit working. The owner of Inki refused to repair or replace the microwave or offer a refund. Prepare a demand letter to be sent to Inki.
Determine 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.
1. The CS Ball Company made a product called the "smoke ball" which claimed to be a cure for influenza and a number of other diseases. The Company published advertisements claiming that it would pay $150.00 to anyone who got sick with influenza after using its product, according to the instructions set out in the advertisement. The $150.00 reward will be paid by CS Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks, according to the printed directions supplied with each ball. Showing its sincerity, the company deposited $1M with the Alliance Bank, Regent Street where they can claim their reward. When Mrs. Clark saw the advertisement, she bought a smoke ball and used it three times daily for nearly one month until she contracted the flu. She brought a claimed from the CS Smoke Ball Company, however, the company ignored her two letters. On her third request for…
A long-time patient of Dr. Jones was admitted to the ICU. She was unable to respond and was having difficulty breathing. She required respirator support. Her son, her HCP, was called and came to the hospital. In discussion with the physician, the physician stated that he is aware of the patient’s wishes and suggests removing her from the respirator. The son said that he wants to keep his mother on the respirator. The physician insisted that he spoke with his mother at length and he knows that the patient does not want to be on a respirator. The son calls the Risk Manager to complain. You are the risk manager, what should be done?
Local 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.
Why do facts matter when it comes to warranties either implied or expressed?
To enrol in Medicare Part C, ar 4:22 be enrolled in both and B < Notes Which of the following statements about a Dismemberment provision in a health insurance policy is CORRECT? It provides benefits for the loss of specific parts of the body Be The purpose of the insuring clause in on accident and Health policy is to A) specify the schedule and method of premium payments B) specify the conditions under which benefits are payable C) indicate the responsibility of the insured alter a covered loss D) satisfy the requirements of te undorm policy provision code 123 dive SOS liare Parts A Ad N ●●● || Make Done space O° ^ Q W WE RTYUIOP A S D F G H J K L XCVBNM Cover x return Q X
Pacific Southern Airlines (PSA) had an unhappy customer. Cynthia Mercier-Walters flew from Philadelphia, Pennsylvania, to Phoenix, Arizona. The flight stopped briefly at Hartsfield-Jackson Atlanta International Airport, where she got off the plane for half an hour. When she returned to her seat, her $400 prescription reading glasses were gone. She asked the flight attendant where the glasses were, and the attendant said they probably were thrown away since the cleaning crew had come in with big bags and tossed everything in them. Ms. Mercier-Walters tried to locate the glasses through the airline’s lost-and-found service, but she failed. Then she wrote a strong letter to the airline demanding reimbursement for the loss. She felt that it was obvious that she was returning to her seat. The airline, however, knows that an overwhelming number of passengers arriving at hubs switch planes for their connecting flights. The airline does not know who is returning. What’s more, flight attendants…
a. McDonald's coffee was unreasonably dangerous and therefore, McDonald's was strictly liable to the plaintiff; b. The coffee was "manufactured defectively due to excessive heat;" c. "The container itself had no warnings, or had a lack of warnings, rendering the product defectively marketed." Answer the following questions: (1) Strict Liability: Was the case an appropriate one for strict liability, based either on an unreasonably dangerous product or inadequate warnings? Look over the requirements for strict liability, and apply the facts as known about this case to the requirements for strict liability in these circumstances.
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…
16) Goods means every kind of immovable property other than actionable claims and money. a) True b) False 17) Faiz meets Farhan, a car dealer and tells him that he wants a car that can move 20km/liter. Farhan promotes one of the cars in the showroom and says that it suits the purpose. Faiz buys the car by relying on Farhan's representation. Subsequently Faiz finds that the car can move 15km/liter. The above situation is an example of breach of warranty. a) True b) False
41. In relation to the ICAEW code of Ethics, a consultant has made the following statements: (1) ICAEW requires a member employed in a business lo implement the Code of Ethics for the business itself (2) The principles in the Code of Ethics underle each professional accountant's professional judgements, decisions, reasoning and practice Identify whether these statements are accurale or inaccurate. Statement (1) accurate, Statement (2) inaccurate Satement (1) inaccurate, Statement (2) inaccurate Statement (1) accurate, Stalement (2) accurate Statement (1) inaccurate, Statement (2) accurate 42. An external consltant has two statements about the organisational iceberg model of organisational behaviour put forward by Heliriegel, Slocum and Woodman. (1) Organisation design is an overt aspect of the organisation (2) The formal aspects of the organization are correct Are these statements accurate or inacurrate ? Statement (1) inaccurate; Statement (2) accurate Satement (1)…

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