Tu-thumbs buys a used paint sprayer from the local paint store. The sprayer had a large sign on it which said AS IS. The dealer made no promises or statements concerning the performance of the paint sprayer. When Tu-thumbs attempts to spray paint his house, the trigger on the sprayer sticks in the on position and before Tu-thumbs can pull the electrical cord to cut the power, paint is sprayed all over his prize Borzoi dog that is scheduled to be shown in a dog show the next day. Tu-thumbs sues the dealership. Who wins?
A)Dealer wins; there were no express warranties and all implied warranties have been successfully disclaimed.
B)Tu-thumbs wins; he can recover on the basis of express warranties.
C)Tu-thumbs wins; he can recover on the basis of the implied warranty of merchantability because the word merchantability was not used in the disclaimer.
D)Dealer wins; even though there were implied warranties, the damage to the dog could not have been foreseen.
Question 2
The name of the clause put into international sales contracts to limit the liability of the parties in the event of an intervening and disruptive force beyond a party's control makes performance more difficult than expected is:
A) Good excuse clause.
B) Out of control clause.
C) Force Majeure clause.
D) Excuse moi clause.
(a) Large buttress roots in a tropical rain forest
Mutualisms, such as those that occur among plants and pollinators, generally involve large numbers o
The large orb web of Araneus diadematus (European garden spider).
Indicators for assessing local blood flow
Edward Bellamy, author of the utopian novel Looking Backward (1888) Bellamy’s socialism worried many
Large water tank, possibly a public or ritual bathing area, from Mohenjo-daro, Indus Valley ...