Breach of warranty of merchantability

Assignment Help Other Subject
Reference no: EM1326455

Frank's Maintenance and Engineering, Inc., orally ordered steel tubing from C.A. Roberts Co. for use in the manufacture of motorcycle front fork tubes. Since these front fork tubes bear the bulk of the weight of a motorcycle, the steel used must be of high quality. Roberts Co. sent an acknowledgment with conditions of sale including one that limited consequential damages and restricted remedies available upon breach by requiring claims for defective equipment to be promptly made upon receipt. The conditions were located on the back of the acknowledgment. The legend "conditions of sale on reverse side" was stamped over so that on first appearance it read "No conditions of sale on reverse side." Roberts delivered the order in December 1975. The steel had no visible defects; however, when Frank's Maintenance began using the steel in its manufacture in the summer of 1976, it discovered that the steel was pitted and cracked beyond repair. Frank's Maintenance informed Roberts Co. of the defects, revoked its acceptance of the steel, and sued for breach of warranty of merchantability.

Is the limitation of rights enforceable?

 

 

Reference no: EM1326455

Questions Cloud

The importance of the common protocol (tcp/ip) : how the other future communication needs may or may not continue this dependence.
How self-efficacy impacts motivation and behavior : Self-efficacy beliefs function as determinants of behavior by influencing motivation, thought processes
Determining the business ethics and leaders : What is meant by the term "business ethics?" Compare and contrast business ethics to the actions of organizational leaders at Target Corporation.
Software solutions : What software solutions would you recommend to your executives based on their needs? Explain your answer
Breach of warranty of merchantability : Frank's Maintenance and Engineering, Inc., orally ordered steel tubing from C.A. Roberts Co. for use in the manufacture of motorcycle front fork tubes. Since these front fork tubes bear the bulk of the weight of a motorcycle.
Demonstrating charismatic leader behaviors : The higher your score, the more you demonstrate charismatic leader behaviors.
Jim is considering quitting his work and utilizing saving : Jim is considering quitting his work and utilizing his savings to start a small business. He expects that his costs will consist of a lease on the building, inventory, wages for two workers, electricity and insurance.
Leadership and management : Describe the differences between leadership and management. Give examples of how management at the factory could utilize leadership styles to enhance networking with the floor workers.
What is the importance of the program telnet : My co-worker Mark and I both regularly use our mainframe UNIX system. I've fingered him, and know that he's logged on. when I do not want to have a conversation with him, instant messenger with him, or send him an email, I would like to send him a..

Reviews

Write a Review

Other Subject Questions & Answers

  Psychoanalytic perspective and trait perspective

For this assignment, write down an essay comparing and contrasting the psychoanalytic perspective and trait perspective.

  Development of negative schemas

The growth of negative schemas and the internalized bad self-phenomenon are often the root cause of numerous disorders.

  Elements to be considered in the design of a workstation

What is a workstation? What are the main elements to be considered in the design of a workstation. How would you improve the design of a standing workstation by the application of sound ergonomic principles.

  What is neuron

A neuron is: a) The part of a nerve cell that receives information.

  Explain three benefits of inventory control

Explain three benefits of inventory control. Define what is meant by the optimal ordering quantity.

  Involuntary nervous system and emotional visceral system

Briefly describe why the given terms are sometimes used to refer to the autonomic nervous system.

  What are the roles of a group

(a) What is a group (b) What are the roles of a group (a) Outline the three important methodologies of recruitment

  What types of interpretations might a consumer make

What types of interpretations might a consumer make that would benefit the brand? What types of interpretations might be detrimental to the brand.

  How family structure has altered the culture and values

In an essay (500-700 words), describe how this change in family structure has altered the culture and values in the United States.

  How can theory guide and inform practice

What are the issues involved in translation transformative, transactional and transcendent theory into practice.

  Human nervous system

Write down some of the problems encountered in trying to test nervous-system-based theory of temperament.

  Determining data flows, logical processes of time sheet

You are working as subject assistance for an engineering firm and are paid by the hour every two weeks, you in turn in a time sheet to your supervisor, and three workdays later, your paycheck is directly deposited into your checking account.

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