Hammer Bought a Tool Set from Weekend Projects,Inc

question 38

Essay

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.

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Definitions:

Bandura's Theory

Refers to Albert Bandura's Social Learning Theory, which posits that people learn from one another through observation, imitation, and modeling.

Latent Learning

Learning that occurs without the learning process being immediately manifest in the learner's behavior, which becomes apparent when a suitable motivation is presented.

Observational Learning

The process of learning by watching others, retaining the information, and then later replicating the behaviors that were observed.

Imitation

The action of using someone or something as a model and attempting to replicate their behavior or actions.