Answer:
Explanation:
Issue: Will the court rule in support of Daniel’s argument that Nintendo breached the warranty based on reasonable expectation on the performance of an expensive system and statements made while selling the gaming system?
Rule: There is a creation of express warranty when a seller makes a description of the statement quality, condition or performance of goods sold. This warranty is created by the statement of facts and if the seller uses words to designate the value of the supposed goods, it will only be considered as an opinion that does not create any express warranty.
The customer’s reasonable expectation of the existence of the gaming system based on the price leads to implied warranty. The goods sold should be logically fit for the general purpose for which it is sold. It should be of proper quality to satisfy the implied warranty of merchantability and the goods should fit the particular purpose for which the buyer will use the goods to satisfy the implied warranty of fitness for a particular purpose.
Analysis: Here, the argument of Daniel that Nintendo’s description of the gaming system as “most reliable”, and “durable” asserted that the quality and performance of the gaming system will not stay because these words create general statements that are made as part of sale or seller’s opinion about the goods. These words would be considered as puffery and do not create any express warranty. The higher price of the gaming system would create an implied warranty about the performance of the system, but the switch failed only after the warranty period. When the seller has expressly stated the warranty period as one year, any defects that occur after the warranty period will not breach the implied warranty.
Moreover, the gaming system was reasonably fit for Daniel’s business purpose and worked well during the warranty period. Hence Daniel’s arguments will not stay in front of the court.
Conclusion: The court will not rule in favor of Daniel and Daniel will not be able to recover against Nintendo because no breach of warranty had occurred.
The steps that Janet can take to avoid falling prey to deceptive advertising are the following:
- <em>Know what she wants</em>
- <em>Trust her judgement</em>
- However, if Janet has already fallen prey to deceptive or false advertising, which is illegal, she can file a lawsuit against the company.
- The lawsuit aims to recover damages from the company for misleading her into making a purchase or payment for goods or services whose advertising was deceptive.
- It is generally unethical for a company to mouth a deceptive advertising.
Thus, Janet may not only trust online resources or purchase products from one retailer, she should carry out proper research based on what she wants before trusting her judgement.
Read more about deceptive advertising at brainly.com/question/24271514
The lawyer should make a motion for summary judgment.
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Explanation:</u></h3>
A motion for summary judgement can be considered as a request that is made to the court for ruling other party that it has no case since there were no facts on the case. When the party makes the motion, it claims that the jury must rule in the moving party's side or the case should not move before a jury.
A party can involve in filing a motion for summary judgment when the party feels that there are no facts in the case or problem. In the example given, there exists no evidence against the doctor and hence no jury can rule in favor of the plaintiff. Thus, the Doctor's lawyer should make a motion for summary judgment.
Given:
P = $10,000, the principal
t = 40 yers, time duration
r = 8% = 0.08, the interest rate
Assume that
n = 12, monthly compounding.
The value after 40 years is
nt = 12*40 = 480
1 + r/n = 1 + 0.08/12 = 1.0066667
A = 10000*1.0066667⁴⁸⁰ = $242,737.71
Answer: $242,737.71
Answer:
Caste system
Explanation:
The caste system is referred to as the system in which people are restricted to their own strata. it is referred to social structure in which people are bound to it and restricted to follow their own culture.
In a country like India, the caste system plays a vital role in deciding the social status of people. High caste people are assumed to have higher social status than other lower caste.
