You Stop by Krazy Jim's House of Pancakes and Computers

question 5

Essay

You stop by Krazy Jim's House of Pancakes and Computers for some breakfast and to peruse the latest in computer technology. After politely reminding Jim that the maple syrup should already be on the table, you proceed to talk to him about the latest computer model in the store window. Jim describes the computer as "an excellent computer" and proceeds to tout its virtues. After a short stack and some coffee, you take Jim at his word and go home full and carrying a new computer. In retrospect, buying a computer at a pancake restaurant never really did make sense, and of course, the computer is hardly "excellent."
e.g., "this computer is well-designed." In such instances, the courts will often consider the relative knowledge of the parties involved. If the buyer is not knowledgeable about the seller's goods, the courts are more likely to treat the statement as one of fact that creates an express warranty. If the buyer knows as much or almost as much about the goods as the seller, the courts are more likely to treat the statement as one of opinion that does not create an express warranty.
Here, the court might say that Jim was an expert and you relied on his opinion, but his statement does not really seem definite enough to give rise to an express warranty.Fed up with your substandard computer, and craving Jim's famous nana-germ pancakes you head back to the store. You proceed to try to get Jim to take back the computer but to no avail. He won't even serve you pancakes now! Did Jim create an express warranty on the computer?

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Definitions:

Intellectual Functioning

The capacity of the mind to think, learn, and understand effectively and efficiently.

Lewis Terman

A psychologist known for his work in intelligence testing and the longitudinal study of gifted children.

WAIS

Wechsler Adult Intelligence Scale, a standardized test designed to measure intelligence in adults and older adolescents.

Working Memory

A newer understanding of short-term memory that adds conscious, active processing of incoming sensory information, and of information retrieved from long-term memory.