research paper 4/5 pages typed

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Business Finance

Description

Shalene Kolchek bought a Great Lakes Spa from Val Porter, a dealer who was selling spas at the state fair. Porter told Kolchek that Great Lakes spas were "top of the line" and "the Cadillac of spas" and indicated that the spa she was buying was "fully warranted for three years." After Kolchek signed an installment sale contract; then porter handed her the manufacturer's paperwork and arranged for the spa to be delivered and installed for her. Three months later, Kolchek noticed that one corner of the spa was leaking onto her new deck and causing damage. She complained to Porter, but he did nothing about the problem. Kolchek's family continued to use the spa. Using the information presented in the chapter. answer the following questions.

1. Did porter's statement that the spa was "top of the line*' and "the Cadillac of spas" create any type of warranty? Why or why not?

2. IDid porter breach the implied warranty of merchantability? why or why not?

3. One night. Kolchek's six-year-old daughter. Litisha. was in the spa with her mother. Litisha's hair became entangled in the spa's drain, and she was sucked down and held underwater for a prolonged period, causing her to suffer brain damage. Under which theory or theories of product liability can Kolchek sue porter to recover for Litisha's injuries?

4. If Kolchek had negligently left Litisha alone in the spa prior to the incident described in the previous question, what defense to liability might tarter assert?

The research should be 4/5 pages typed.

DEBATE THIS: No express warranties should be created by the oral statements made by salespersons about a product.

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Explanation & Answer

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Warranty
Warranty in the sale of goods would be best described as the assurance in particular to the subject
matter of the contract. Therefore it is an assurance from one party to another concerning a specific good,
that certain facts and condition are indeed true and that whatever the warranty states will happen.
Therefore from here, we shall examine whether statements such as" Cadillac plus" or "top of the
line" were the express warranty. They were warranty. In extending praise to the spa, there are good
chances that the spa being Cadillac plus influenced Shalene into buying. She most likely relied on the
statements given by the dealer, who must have dealt with the spas before and therefore know their
condition as of the time he was making a sale (Patterson and Dennis 257). Shalene could easily fit her
situation into one driven by the Hedley Byrne principle. This would mean that she took Porter as an
expert and therefore took him for every word he said before buying the spa. If she fully relied on the
words of Kochek that the condition of the spa was top of the line and therefore the quality of the spa then
if the condition was on the contrary then that would and should have rendered the contract voidable.
Implied warranty of merchantability
In the business of sale of goods most p...


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