Brent Cook Owns and Operates a Farm Supply Store Selling

question 38

Essay

Brent Cook owns and operates a farm supply store selling feed and hardware for the farm.
a. Mary Martin wants to buy a type of mink feed which must be ordered from Regina. Brent has a sample which he shows Mary. What rights does Mary have before she is bound to accept the feed when it arrives at Brent's store and under what circumstances can she reject the goods?
b. Donald Jones enters the store and buys 50 feet of marine rope used primarily by water skiers. The rope breaks while being used by Donald to raise bales of hay from a truck to the hay loft of Donald's barn. The bales fell onto the truck, damaging it and injuring Donald who is sitting in the cab. Donald sues Brent on the basis of breach of implied condition of fitness for the rope. What must Donald establish in order to be successful? What defences does Brent have? What is the likely outcome?

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Definitions:

Fiduciary Duty

The obligation to act in the best interest of another party, such as a trustee's duty towards the beneficiaries of the trust.

ULPA of 2001

The Uniform Limited Partnership Act of 2001 is legislation that provides updated guidelines and regulations for the formation, operation, and dissolution of limited partnerships in the United States.

Transfer of interest

The process of assigning or transferring one’s legal rights or stake in a property or entity to another.

Limited Partnership Agreement

A contract among partners of a limited partnership defining the partnership's terms, structure, and operations.