Explain how the legal analysis is different

Assignment Help Other Subject
Reference no: EM13662856

Client recently bought a toaster at a local flea market. The market is open year-round, Friday through Sunday.

The booth she bought the toaster from sells small appliances and is always open at the same location at the flea market.

The toaster appeared to be brand new (it was in the original box). The toaster worked for two days the stopped toasting. When the client tried to return the toaster, the booth owner refused to give the client her money back or replace the toaster.

Rule of law: Section 21-2 of the state commercial code provides that, "A warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind." The section also provides that the seller must replace the goods or return the purchase price if the goods are not merchantable. According to the section, merchantable means the goods are fit for the ordinary purpose for which they are manufactured.

Section 21-1 defines "a merchant as one who routinely is engaged in the purchase and sale of the kind of goods involved in the sales contract."

Case law: In the case of Dinelle v. Eldson the court held that a flea market seller can be considered a merchant within the meaning of the commercial code if the seller sells the same products at the flea market on a continuous basis.

Assuming the following different facts, explain how the legal analysis is different, if at all:

a) Client bought the same toaster at a garage sale.

b) The seller has a garage sale every weekend at the same location.

Reference no: EM13662856

Questions Cloud

Examine the current position of the company ethical : Examine the current position of the company ethical and social responsibilities and determine whether or not the company has met those responsibilities
How does the increase in the kinetic energy : How does the increase in the kinetic energy of a proton compare with the increase in kinetic energy of the alpha particle in part?
Compute the concentration of the sulfuric acid solution : 61.5 mL of 0.11 M sodium hydroxide were needed to completely neutralize 23.7mL of sulfuric acid. Compute the concentration of the sulfuric acid solution
State is the lewis electron dot structure for seo2 : State is the Lewis electron dot structure for SeO2 O--Se--O with one of the oxygens double bonded to Se as well as 6 electrons around the single bonded O and 4 electrons around the double bonded O and 2 electrons on Se. what is the right structure..
Explain how the legal analysis is different : In the case of Dinelle v. Eldson the court held that a flea market seller can be considered a merchant within the meaning of the commercial code if the seller sells the same products at the flea market on a continuous basis.
Professionalism in the workplace : Professionalism in the Workplace
Business to business or business to consumer sector : Business to business or business to consumer sector
State a lewis structure that obeys the octet rule : State a Lewis structure that obeys the octet rule for each of the following ions. Allocate formal charges to each atom.
Explain to edith the tax consequences for herself : Explain to Edith the tax consequences for herself, her husband, and her children, of the gift of the shares to each member of her family - Determine the tax consequences for Edith for 2014 for the disposition of the chalet, and identify any election..

Reviews

Write a Review

 

Other Subject Questions & Answers

  Real estate ads suggest-homes for sale have garages

Real estate ads suggest that 58 % of homes for sale have garages, 34 % have swimming pools, and 15 % have both features. What is the probability that a home for sale has a) a pool or a garage? Answer = % b) neither a pool nor a garage? Answer = % c) ..

  A fixation is most likely to inhibit

A fixation is most likely to inhibit:A fixation is most likely to inhibit:

  Question 1joe faces 3 choices after his graduation he can

question 1joe faces 3 choices after his graduation. he can go to a graduate school or set up his own business or assist

  General systems theory and other historical influences

Describe how general systems theory and other historical influences and figures have impacted the development of family therapy.

  Relationship between our dependent-indepedent variables

Covariation is the amount of change in one variable that is consistently related to the change in another variable of interest. Statistical Significance is determined by answering the question: “Is there a relationship between our dependent and the i..

  Most specific structure-function correspondence

Which of the following is most specifically mapped on the brain (i.e., has the most specific structure-function correspondence)?

  Identify critical decisions you believe were made that

identify a news article about a fortune 500 company and its ceo that illustrates ethical behavior. is there any

  Diagnostic techniques

Why do you feel that this diagnostic technique is the most appropriate in the case of Mr. Andrews? Do you feel that the diagnostic technique that you did not select would be inadequate considering the circumstances above? Why?

  Raise the temperature

How much energy will be needed to raise the temperature of 100 pounds of alcohol with heat capacity of 0.055 calories per degrees Celsius per gram from 500C to 95 0C:

  Contributed to ethonational conflict

How have the action or inactions of the United States contributed to ethonational conflict in diversity South of the border Mexico.

  Public health and clinical medicine

The relationship between the public health and clinical medicine is a significant one, however it has often been a contentious one via the years.

  Pricing structure for vacationers

Azure Isle Resort has a pricing structure for vacationers in one of its three dwelling categories: the hotel, villas, and beach bungalows. The base price is for staying in the hotel.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd