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- How does a breach of warranty works?If the seller, through words or behavior, makes promises about the goods, he has created an express warranty. True or FalseLocal 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.
- 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) FalseA sales representative in a shopping centre handed Karl a flyer promoting a style cut and shave for $12 at Lion’s Mane Barber Shop. As he was actually in need of a haircut and shave, Karl dropped by the barber shop, which was also located in the same shopping centre. When he arrived at the shop and presented his flyer to one of the barbers, he was told that there had been an error in the statement of price on the flyer - it was supposed to be $22 and not $12. The shop manager tried to convince Karl that this was still a bargain price given that a style cut and shave would normally cost $30 in other barbershops. Karl got upset, as he passed by two other barbershops in the same shopping centre that sold haircuts and shaves for $20 to $25. If he had known about the supposed mistake in the Lion’s Mane flyer, he wouldn’t have bothered coming to the shop. Answer the following: Does Karl have any legal grounds to claim the price of $12? Would your answer be different if Karl already…Mary, a keen pottery collector, saw a notice for an auction at James Pottery Limited on September 30th 2017 in the Daily News. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item of Mozart pottery, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site she found a notice outside, stating that the auction had been canceled. Mary went into a nearby antique shop and saw an item of the same type of pottery she had come to bid for, which the price ticket stated $5000. Mary indicated to the shop owner, Anthony, that she was only willing to pay $4,000 for it. However, Anthony said he would sell it for $4,500. Mary then indicated to him that she would like time to think about it over lunch; Anthony thereafter, agreed not to sell it before Mary returned. However, when Mary returned to buy the pottery, she found that Anthony had already sold it to someone else, who had paid $4500 for it. In the context…
- 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 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…Any risk of deterioration in the goods necessarily incident to the course of transit shall be borne by the seller. True /falseBart 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
- 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 IRACWhich of the following is a legal principle that allows consumers to cancel certain types of contracts within a specified period of time? a) Breach of contract b) Rescission c) Implied warranty d) Statute of frauds e) None of the aboveWhat may a practitioner offer after receiving a pre-allegation letter in order to prevent disciplinary proceedings