In the above case, the seller points to the fine print on the product, which states that the product can only be used in temperatures above 40 degrees Fahrenheit. Your employees were using it in temperatures of 35 degrees. Do you have a claim?
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In the above case, the seller points to the fine print on the product, which states that the product can only be used in temperatures above 40 degrees Fahrenheit. Your employees were using it in temperatures of 35 degrees. Do you have a claim?
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- careless marketing is not a type of product defect that have traditionally beenrecognized in product liability lawBart 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…An entity sells goods with a warranty covering customers for the cost of repairs of any defects that are discovered within the first two months after purchase. Past experience suggests that 80% of the goods sold will have no defects, 15% will have minor defects and 5% will have major defects. If minor defects were detected in all products sold the cost of repairs would be €30,000; if major defects were detected in all products sold, the cost would be €150,000. What amount of provision should be made?
- 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.Evidence of consumer confusion is necessary in order for the mark holder to prevail in a trademark dilution case. false trueSellers may introduce into the marketplace any product, in any size and style, that is not hazardous to personal health or safety, or if it is hazardous, introduce it with the proper warnings and controls True False
- Can someone help me make a business letter of complaint. Thank you! Scenario: Imagine that you ordered the latest model of cell phone, made a payment of fifty percent of the price through a bank, and was promised by the seller that the product will be delivered to you, brand new. Unfortunately, the cell phone that was delivered to you was a used unit.What can you do to assist a consumer who has been in contact with several agents without receiving the assistance they require?Bart 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 with back pains thereafter. Bill who suffer 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 using the IRAC model
- Both diverted and gray-market merchandise are "real" products from the manufacturer (as opposed to counterfeit merchandise which is a knock off and not made from the legitimate, copyrighted or trademark owner), however, when products are sold to unauthorized retailers by third parties, the products are then considered to be diverted or gray-market. Is it True or False?Bart 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 with back pains thereafter. Bill who suffer 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 using IRACYou go through the drive-through window of a fast food restaurantand notice a sign that reads, “Your meal is free if we fail to give you a receipt.” Why wouldthe restaurant post this sign?