Explain the Practice of Resale Price Maintenance and Discuss Why

question 204

Essay

Explain the practice of resale price maintenance and discuss why it is controversial.

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Definitions:

Express Warranty

A clear, explicit promise made by a seller about the quality or functionality of a product.

Implied Warranty

A legal assumption that a product will meet the standards of acceptability and usability without explicit statement by the seller.

Res Ipsa Loquitur

A doctrine that allows a judge or jury to infer that, more likely than not, the defendant’s negligence was the cause of the plaintiff’s harm even though there is no direct evidence of the defendant’s lack of due care.

Negligence

A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.