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Essay / Research Paper Abstract
This 6-page paper focuses on three case studies involving breach of warranty, liability when it comes to employee termination and the responsibility of an agent versus an employee.
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6 pages (~225 words per page)
File: AS43_MTlegastud.rtf
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injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing
the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.
If Smith sues the dealer for breach of warranty, and the dealer defends by relying on the contract disclaimer, what would be the result and why? Please prepare a
written reply. For one thing, Raymond Smith never should have signed that contract, especially because even if the injury is the fault
of a defect in the auto (which, in this case it was), Smith really doesnt have a leg to stand on. There is trouble when a warranty excludes anything along
this type - on the surface, it could appear as though the consumer has no protection if he/she agrees to the terms.
Breach of anything (contract, warranty or any other agreement) occurs when one of the parties involved in the contract fails to perform a portion of the agreement without a legitimate
legal excuse. In the meantime, a disclaimer is a clause in the document that tries to prevent creation of a warranty. Disclaimers tend to dilute warranties.
One could argue here, however, that the Uniform Commercial Code, the code that is followed by all merchants, is supposed to protect Smith from sharks like
this dealer. And the UCC does have a potential loophole for Smith to drive his shattered car through. In this case, there is an implied warranty -- the implied warranty
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