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On April 10, Call-Mart Sends Buffy a Purchase Order for 1000

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Essay

On April 10, Call-Mart sends Buffy a purchase order for 1000 Buffy BMX bikes at $75 a piece. Call-Mart's purchase order includes terms on the back of the form that the seller warrants that the goods are free of defects and are merchantable. On April 11, Buffy receives the purchase order, sends Call-Mart a confirmation with additional terms on the back of the document that limit any warranties, and specifically disclaims any warranty of merchantability. On April 15, Buffy ships the bikes along with an invoice stating identical terms as the confirmation. Assuming both parties are merchants and that Call-Mart's April 10 communication was an offer, is there an implied warranty of merchantability in the contract?

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Definitions:

Behaviourism

A psychological approach to understanding abnormal behaviour devised by John B. Watson (1858–1935), which declared that psychology must be restricted to the study of observable features, that is, the behaviour of organisms. Watson considered abnormal functioning to be learned and so believed it could be unlearned. His model for learning was derived from Ivan Pavlov’s (1849–1936) studies of classical conditioning.

Classical Conditioning

A learning process where a neutral stimulus becomes associated with a meaningful stimulus and acquires the capacity to elicit similar responses.

Watson

John B. Watson, an American psychologist who established the psychological school of behaviorism.

Early Behaviourists

Psychologists or researchers in the early 20th century who focused on observable behaviors rather than internal processes, founding behaviorism.

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