Leavitt was interested in buying a new motor home. Among Leavitt's concerns when buying the new motor home was his intended use which was to travel extensively in mountainous areas. A somewhat informed consumer, he had rented a motor home that lacked sufficient engine and braking power to traverse the areas he intended to travel. If the engine and brakes are insufficient, the motor home cannot
maintain ordinary highway speeds going up steep hills and brakes are prone to overheating while going down the mountains. He visited several dealerships but bought one at the Monaco Coach Corporation. Almost immediately upon receiving the vehicle, Leavitt complained that his coach could not maintain ordinary highway speeds going up steep hills and that the brakes were prone to overheating while going downhill. Leavitt presented evidence that while shopping for his coach, he informed Monaco of his plans to use the coach extensively for travel in mountainous areas and of his wish to avoid problems he had experienced with rented vehicles that lacked sufficient engine and braking power. Monaco performed many warranty repairs and other service, but Leavitt ultimately concluded that the engine and brakes, as a matter of design, simply were not suitable for his needs, and he sued.Knowing only that his brakes had failed in town instead of overheating in the mountains would change Leavitt's claim
a. from strict liability in tort to negligence.
b. from a claim on implied warranty of merchantability to implied warranty of fitness for particular purpose.
c. negligence to strict liability in tort.
d. from a claim on implied warranty of fitness for particular purpose to one of implied warranty of merchantability.
b
You might also like to view...
Unless the transaction is compound, the dollar amount of the debits for each transaction is equal to the dollar amount of the credits for that transaction, and thus the term double-entry bookkeeping
Indicate whether the statement is true or false
Smith's of Dallas agreed to buy $10,000 worth of dresses F.O.B. Dallas from Magnifique Manufacturing Co in New York for their October 1 Fall Showing. The cost of shipping the dresses is $300 . In New York, Magnifique dresses were the rage, but the boom
had not yet reached Dallas. By September 15, Smith's realized that the shop could not afford all of these dresses and called Magnifique to cancel the contract before the goods were shipped. On September 15, the market price for the dresses in New York was $9,000 and in Dallas, $5,000 . On October 1, the market price had risen to $9,500 in New York and to $7,000 in Dallas. What may Magnifique do? What damages may be sought from Smith's?
________ moving averages react more slowly to recent demand changes than do ________ moving averages
A) Longer-period, shorter-period B) Shorter-period, longer-period C) Longer-period, longer-period D) Shorter-period, shorter-period
When do the payments on a Stafford Loan begin?
A) When your school receives the money from the government B) When your loan balance gets over $5,000 C) You can choose when your payments begin anytime within 24 months of your graduation date. D) None of the above is correct.