This topic contains a solution. Click here to go to the answer

Author Question: Arthur was looking for a Father's Day gift for his dad, Tony. Tony was a cigar smoker but Arthur was ... (Read 875 times)

CORALGRILL2014

  • Hero Member
  • *****
  • Posts: 525
Arthur was looking for a Father's Day gift for his dad, Tony. Tony was a cigar smoker but Arthur was a nonsmoker. Arthur went to a cigar store and was looking around when the proprietor suggested Arthur try a new imported cigar. The proprietor touted this new cigar as just like the great Cuban cigars. Arthur was reluctant but did light one of the cigars, which had a pleasant aromatic smell and took about five to six minutes to be consumed. On this basis, Arthur bought a box of the cigars and presented them to his father as a gift. When the father smoked one of the cigars, it gave off an acrid smell and was completely consumed in less than two minutes. When Arthur saw this, he was very upset and asked his father to try another. The same situation was repeated with the acrid odor and the cigar burning down very quickly like a cigarette. After Arthur tried unsuccessfully to return the cigars for a refund, Arthur filed a small claims court action against the store. The case was based on the failure of the purchased cigars to conform to the sample, breach of the implied warranty of merchantability, and the misleading statement just like the Cuban cigars. Discuss the probable outcome of the case.

Question 2

The Secure and Fair Enforcement of the Mortgage Licensing Act regulates appraisers.
  Indicate whether the statement is true or false



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

tuwy

  • Sr. Member
  • ****
  • Posts: 336
Answer to Question 1

Depending on the court's interpretation, the statement just like the Cuban cigars may or may not constitute an express warranty. The question is whether this represents a description of the product, or is merely sales talk or puffery. Clearly, goods sold on the basis of a sample give rise to an express warranty that the goods will approximate, or be similar to, the sample. These cigars clearly did not conform to the sample, and this non-conformity does represent breach of express warranty.
If a fair and average quality cigar would not burn down and be consumed so quickly (one to two minutes) in normal use and not give off an acrid odor, the implied warranty of merchantability also may have been breached. The cigars appear not to be fit for ordinary use.

Answer to Question 2

FALSE




CORALGRILL2014

  • Member
  • Posts: 525
Reply 2 on: Jun 24, 2018
YES! Correct, THANKS for helping me on my review


CAPTAINAMERICA

  • Member
  • Posts: 325
Reply 3 on: Yesterday
Wow, this really help

 

Did you know?

The largest baby ever born weighed more than 23 pounds but died just 11 hours after his birth in 1879. The largest surviving baby was born in October 2009 in Sumatra, Indonesia, and weighed an astounding 19.2 pounds at birth.

Did you know?

Aspirin is the most widely used drug in the world. It has even been recognized as such by the Guinness Book of World Records.

Did you know?

When Gabriel Fahrenheit invented the first mercury thermometer, he called "zero degrees" the lowest temperature he was able to attain with a mixture of ice and salt. For the upper point of his scale, he used 96°, which he measured as normal human body temperature (we know it to be 98.6° today because of more accurate thermometers).

Did you know?

In the United States, there is a birth every 8 seconds, according to the U.S. Census Bureau's Population Clock.

Did you know?

Astigmatism is the most common vision problem. It may accompany nearsightedness or farsightedness. It is usually caused by an irregularly shaped cornea, but sometimes it is the result of an irregularly shaped lens. Either type can be corrected by eyeglasses, contact lenses, or refractive surgery.

For a complete list of videos, visit our video library