Expert answer:jury #1 assignment
Solved by verified expert:In the semester there will be posted on the Discussion Board a fact scenario that relates to the material in the textbook and the lectures. A series of questions will be posted with this scenario. Each student who participates in this discussion can receive up to 15 points per scenario for the answers and 5 points for the response. Participation is defined as posting one’s comments or answers to the questions in the assigned forum and responding in any forum. Have a discussion please. If you wish to respond in a different forum, you’ll first have to post a short introduction and then you can see the threads in that forum. “Yes” or “No” or “I agree” is not an answer nor is it a response. I’m looking for developed answers that include an analysis of the scenario in relationship to the content of the textbook. A response is a comment to someone so please indicate whose post you are responding to and develop your answer. I don’t know the context for your response if I don’t know who, by name, you are responding to. The statement, “I agree with you”, doesn’t tell me who as all I see is a string of names. There must be at least one reference to chapter/page/lecture note in a student’s discussion. If a student chooses not to participate, no points will be received. Minimal participation will yield partial points. You may find that some student(s) who posted prior to you may have covered the points you wanted to cover. Explore the material to see if there isn’t something additional to add or a new perspective. Perhaps you can explore the “opposition” side. I’m looking for analysis using the scenario facts and the materials in the text and online – there is no right or wrong answer – it’s how you discuss and support your position that’s critical. However, an incorrect application of the material, e.g., a tort concept in a breach of contract action without adequate support will result in some point deductions. Remember, there are always different ways of looking at things – You say goodbye and I say hello. There is a certain amount of vagueness in the facts of each scenario to allow for different perspectives. Students will be divided into groups according to the first letters of their last names. (Jury 1 A-C for example). Each group will be assigned a different scenario. Please monitor Blackboard’s Discussion Board to see which Scenario/Group you have been assigned to. While a response can be posted in any forum following the directions above, the initial post must be submitted in the assigned forum. All forums are deliberately kept to a maximum of 5 members in order to allow each member enough new material to discuss. If the forum gets to large because students outside the forum post to the initial questions, it robs the forum members of an opportunity to demonstrate their analysis skills. If a non-forum member submits an initial post, not a response, in the incorrect forum, it will be treated as a response for purposes of grading and given no more than 3 points. All discussions will be posted on the Discussion Board. That is also where the Scenario will be found. Each student’s analysis/discussion must also be posted on the Discussion Board. When you respond to another’s post, please indicate the student(s) to whom you are responding. It can be difficult to follow your response if we don’t know the basis for that response. And please, remember to introduce yourself as a visitor to that forum as a matter of courtesy. This is important – you must create a new thread to introduce yourself before you can read the other students’ posts. You don’t need to do this in your own forum. In fact, do not do it. Creating a new thread in a forum to which you weren’t assigned and answering the scenario questions as though the answers are a response, won’t count as a 5 point response. That will result in -0- points towards the 5 points for a response. DO NOT prepare your answers as an attachment. I won’t open it to grade it and I don’t expect another student to open an attachment from someone they don’t know. Spelling and grammar are a part of the grading and deductions will be taken if there are errors in these areas. There are 15 points possible for the answers and analysis to the scenario questions and 5 points possible for the response. There are NO MAKEUPS for this assignment if missed. You will have a minimum of 4 days in which to complete the scenario you are assigned to. No late work will be accepted. This is intended to be a group discussion and not a report to the instructor containing answers to questions. This new version of Blackboard requires a student to create a thread and post something before being able to view the other students’ posts. I have observed that some students attempt to “scam” the forum by posting a sentence in their assigned forum as their initial answers. That enables them to view the other posts. Then they will be able to continue their answers with another post having the benefit of seeing what others have written. I’m on to this so don’t attempt it. If I believe you’ve done that, you’ll receive points only for the first post which is generally -0-. I can tell if you’ve done this due to the lapse of time between your “introduction” post and then the actual answers to the scenario. If you accidentally click “submit” before you are finished, then email me immediately and tell me what you’ve done so I can keep that in mind when I grade your initial post.
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The Case of the Faulty Air-Conditioning System
The Cajon Theater purchased a large air-conditioning system from Blair Manufacturing
Co for its 1,000 seat facility. The system was purchased and installed in April, prior to the
start of the summer season. The sales contract contained a statement that the system would
provide sufficient cooling for 1,500 people to a maximum temperature of 72 degrees. The
statement further said, “The seller makes no express warranties for this product.” At the
beginning of June, it became apparent to Cajon that the system did not work property; it
provided cool air, but not enough to enable patrons to be fully comfortable. Cajon
complained in writing to Blair about the air-conditioning system and withheld payment but
continued to use the machine during the summer months because there was not enough
time to order another system; without any air conditioning at all, the theater would have
had to close down. All three efforts by Blair to repair the system failed, and at the end of
the summer, Cajon demanded that Blair take the machine back. Blair refused to accept the
machine and brought suit against Cajon for the purchase price.
The Trial
Cajon testified that the temperatures during the summer in the area where the theater was
located were extremely warm and that air conditioning was absolutely essential to enable
patrons to feel comfortable during the showing of movies. The theater stated that it relied
on the wording in the sales contract that the system would produce sufficient cooling. It
further stated that it could not return the air-conditioning system immediately after delivery
because the theater would have had to close down and lose its customers for the entire
summer. The theater also stated that returning a large system involved a great deal of effort
and expense and that it did not want to return the system until it had obtained significant
use from it.
The Arguments at Trial
Blair’s attorney argued that the specific wording in the sales contract disclaiming any
express warranties prevented Cajon from claiming that the system was defective. They
further argued that the theater should have returned the system immediately when it
Cajon’s attorneys argued that because of the size and weight of the system and the costs
discovered that the system was faulty. They also argued that when the theater used the
system for three months, and received many benefits from it, it automatically gave up its
right to rescind the contract and return the system. Involved in returning it, Cajon had a
legal right to use the system for a reasonable amount of time and then return it. They
further argued that the statement in the sales contract that the system would produce
sufficient cooling outweighed the importance of the statement that there were no express
warranties. The theater also argued that by keeping the machine and getting some benefit
from it, it was able to mitigate its damages. Otherwise, the theater could have held the
manufacturer responsible for the loss of profits.
Questions to Decide:
1-
Who has the stronger arguments, Cajon or Blair? Why?
In my opinion, Blair has a stronger argument because the statement had said, “The seller
makes no express warranties for this product.” Also, Blair mention that the theater used
the system for three months and got benefit from it. That means he has a right to rescind
the contract. According to the textbook, “the sale contract is governed by the common law
principles applicable to all contracts and they should re-examine these principles when
studying sale” (7th edition page 230). Although, Blair had said that it would work the way
it had said on the contract and that Cajon had a point I still would agree with Blair because
Cajon had used the system for three months. Also, Cajon didn’t they return it when they
had first known it wasn’t working correctly.
2-
You are the jury hearing the case, for whom would you decide on the question of
the alleged warranty? Why?
If I were on the jury I would still agree with Blair because they had said no warranties of
the system. The buyer Cajon had to examine the sales contract before actually signing the
contract and paying for the item. According to the textbook “A warranty that the law
implies through either the situation of the parties or the nature of the transaction,” (page
272).
3-
You are the jury hearing the case, for whom would you decide on the question of
the right to rescind the contract? Why?
Blair has the right to rescind the contract. Since Cajon Theater got benefit from it and used
it for three months, Blair would think that they did get benefit from it and if they noticed it
wasn’t working correctly, why didn’t Cajon return the system when they found out it
wasn’t working correctly.
4-
What do you think the law should be with regard to a problem of this nature
involving something that is not easily returnable?
In my opinion Blair has the right to say no to this problem and that Cajon had used it for
three months, it means it is okay to use meaning not that bad and not that good. But if Cajon
had returned the system before three months Blair might have accepted it because they
gave it when they knew it wasn’t working correctly. The law should return it when you
know it’s not working the way it’s told to work, so that way it can be returnable. According
to the textbook, an offer must be returned at least before three months. If the item has been
used for a long period of time and longer than three months that means it can’t be returnable,
(page 233).
…
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