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

question 37

Multiple Choice

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

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Definitions:

Structural Forms

The organizational structures that define how activities such as task allocation, coordination, and supervision are directed toward the achievement of organizational aims.

Indirect Ways

Methodologies or approaches that are not straightforward or direct, often employing subtle or roundabout tactics.

Recruiting Talented Members

The process of finding and attracting highly skilled individuals to join an organization or team.

Cross-Training

A training technique in which employees are trained to perform multiple roles or duties beyond their original assignment to increase versatility within the organization.