Tu-Thumbs Buys a Used Paint Sprayer from the Local Paint

question 45

Multiple Choice

Tu-thumbs buys a used paint sprayer from the local paint store.The sprayer had a large sign on it which said "ASIS." 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.

Describe the principles of auctions, including the significance of an auction being with or without reserve.

Understand the legal implications of advertisements as invitations to offer versus formal offers.

Discuss the applicability of promissory estoppel in contractual agreements where formal contracts are not in place.

Identify the impact of specific events (destruction of subject matter, counteroffers) on the validity of a contractual offer.

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Definitions:

External Social Environment

The external factors in society that influence an organization's operation, including cultural, demographic, and social aspects.

Behavior

Refers to the actions and mannerisms made by individuals, groups, or systems.

Thought Process

The mental steps involved in processing information, solving problems, or forming judgments and opinions.

Experience

The knowledge or skill acquired by a period of practical involvement in an activity or exposure to events or people over time.