Lexi Purchased a New Printer for Her Business from XYZ

question 11

Multiple Choice

Lexi purchased a new printer for her business from XYZ Company. Three years to the day after she purchased the printer, she started noticing problems with it. She negotiated with XYZ Company, but was unable to get a resolution of her problems. She sued XYZ Company four years and one day after she bought the printer. XYZ Company defended on the basis that it was only the seller, not the manufacturer, and also on the basis of the statute of limitations. Assuming the printer is defective and the court follows the reasoning of the case in the text Melissa Kahn v. Volkswagen of America, Inc., which of the following is a true statement regarding the positions of the parties?

• A) XYZ Company will win because although Lexi sued within the statute of limitations, in such situations Lexi must sue the manufacturer.
• B) XYZ Company will win because although Lexi correctly sued the seller, Lexi filed suit outside the four year statute of limitations.
• C) XYZ Company will win because in such situations Lexi must sue the manufacturer and also because Lexi filed suit outside the four year statute of limitations.
• D) Lexi will be allowed to proceed because she can hold XYZ Company responsible and because the statute of limitations was tolled during negotiations, she sued on a timely basis.
• E) Lexi will win because she can hold XYZ Company responsible and because there is no statute of limitations for business goods of this type.

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Definitions:

Reasonable, Lawful

Actions or decisions that are made with rational justification and comply with established laws.

Legal Framework

The structure of laws, regulations, and rules that govern a particular area or activity.

Reasonably Assured Expectations

The anticipation of benefits or rights that a reasonable person would consider as likely to happen under a contractual agreement.

Course of Performance

An aspect of contract law, referring to the conduct between parties in the performance of a contractual agreement, which can help interpret the contract's terms.