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Hammer Bought a Tool Set from Weekend Projects,Inc

question 38

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Hammer bought a tool set from Weekend Projects,Inc.and signed a consumer credit contract promising to pay for the tool set in 12 monthly installments.Weekend promptly negotiated the instrument to its affiliate Easy Finance Co.in exchange for a discounted payment.Easy Finance gave value for the instrument,in good faith,and without knowledge of any defects or claims against the instrument.The tool set was defective and therefore Hammer stopped making the monthly payments.Easy Finance sues Hammer for the balance due on the instrument.Can Hammer raise this personal defense (breach of implied warranty of merchantability)against Easy Finance? Discuss.


Definitions:

Ordinary Situation

A scenario or condition that is considered common, typical, or usual in everyday life.

Distant Relative

A family member who is not closely related, often beyond immediate family such as cousins several times removed, or through remote ancestral connections.

Bystander-Calculus Model

In attending to an emergency, the bystander calculates the perceived costs and benefits of providing help compared with those associated with not helping.

Bystander Apathy

A phenomenon where individuals are less likely to offer help to a victim when other people are present.

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