Syeda bought a thermos bottle from Pentagon Corp. When using it for the first time, she poured coffee into it and was adding some warm milk when it exploded, sending shards of glass into her face and injuring her right eye. Syeda testified that she had not dropped the thermos and had not abused it. She sued Pentagon, claiming, among other things, breach of warranty of merchantability. Under the Uniform Commercial Code, was the warranty of merchantability breached?
What will be an ideal response?
Under the Uniform Commercial Code, if the seller is a merchant who deals in the kind of goods sold, there is an implied warranty that the goods are merchantable, or fit for their ordinary purpose. To be merchantable, the goods must conform to any promises or statements of fact made on the container or label. A thermos bottle that explodes when coffee and milk are poured into it is defective, and thus, it breaches the implied warranty of merchantability.
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All of the following are included in the computation of cost of goods sold except
A) freight-out. B) purchase returns and allowances. C) beginning finished goods inventory. D) freight-in.
The data definition language
a. identifies, for the database management system, the names and relationships of all data elements, records, and files that comprise the database b. inserts database commands into application programs to enable standard programs to interact with and manipulate the database c. permits users to process data in the database without the need for conventional programs d. describes every data element in the database
Felicia, an elderly woman, does not speak or read English well. Felicia is a recent immigrant to this country. A dishonest immigration officer tells Felicia to sign several documents as being necessary to maintain her legal alien status. Unknown to Felicia, she signs a promissory note. The immigration officer thereafter sells the note to Neighborhood Bank, a holder in due course, who goes after
Felicia for payment of the note. Felicia's defense to the Neighborhood Bank is: a. fraud in the inducement; a real defense. b. fraud in the execution; a real defense. c. unauthorized completion; a personal defense. d. breach of contract; a real defense.
Formulate the aggregate plan using linear programming
What will be an ideal response?