Joe buys some watermelon seeds from a seed manufacturer's catalog. The catalog describes the seed Joe buys as "top quality." Joe strongly relies upon this statement in making the purchase. The seed turns out to be worthless, and Joe sues the manufacturer for breach of express warranty. You are the attorney representing the manufacturer. Which of the following is your best argument for escaping liability?
A. That a catalog statement cannot create an express warranty.
B. That the basis-of-the-bargain requirement was not met.
C. That the alleged warranty was merely sales talk.
E. That the manufacturer did not give a sample or a model of the seeds.

Answers

Answer 1

Answer:

Correct Answer:

E. That the manufacturer did not give a sample or a model of the seeds.

Explanation:

As an attorney of the manufacturer, the best argument in the case between my client and the seed buyer, Joe would be on the fact that, the manufacturer did not give a sample or model of the seeds to Joe to verify if it meets his requirements.

Also, Joe never requested to see sample of the seeds as was standard with buying of agricultural products.


Related Questions

describe three major philosophical theories of law

Answers

Answer:

1.Analytical jurisprudence- is a philosophical approach to law that draws on the resources of modern analytical philosophy to try to understand its nature. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends

2.Normative Jurisprudence- aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals.

3.Critical legal studies- is a school of critical theory that first emerged as a movement in the United States during the 1970s

Define, describe, compare, and contrast common-law crimes and statutory crimes. Be sure to provide examples.

Answers

Answer:

Common law is commonly defined as jurisprudence and it is of 2 types – one in which the decisions made are existing legislation in which there are no legislation and another where the court may require the current law and establish new definitions and divisions.

The legislative regulations can be enacted by the various departments of a country. Therefore, there's many laws enacted by state and federal governments, laws enacted by cities and municipalities, all of which have the force of law.

Bentham and Kant agree on?

Answers

Bentham and Kant agree on Maximizing pleasure and minimizing pain is all that matters, morally speaking.

Answer:

Morality constrains individual self-interest

Explanation:

both authors believe that morality puts limits on what any given individual may do in the pursuit of his or self-interest. For example: Kant argues that one should never make a lying promise, even if is one's interest to do so; Bentham argues that one shoukd maximise everyone's aggregate pleasure minus pain, not only one's own.

The role of the United States Marshals was based on the role of _____. A. the town crier B. early colonial watches C. the sheriff D. police officers

Answers

Answer:

C the sheriff

Explanation:

Are there limits to the right to cure? Does a breaching party have the right to cure the breach, or can the non-breaching party proceed directly to a damage claim?

Answers

Answer:

The overview of the particular question becomes demonstrated in the following portion on the clarification.

Explanation:

There seem to be limitations to something like the obligation to heal. Here rational duration seems to be the limit. An infringing party shall have the opportunity to remedy the infringement regardless of any non-confirmation given the period to fix or rectify the infringement having not terminated unless the infringing community notifies the non-infringing party of its determination to remedy the infringement and therefore remedies the infringement throughout the defined timeframe limits.Furthermore, if there would be an infringement resulting from non-conformance but perhaps the infringing party believes that there would be no infringement and the solution would be appropriate also if the infringing party seasonally shall notify the non-infringing party that perhaps the infringing party seems to have a reasonable amount of time to remedy the infringement.Therefore one thing becomes significant, the role including its defaulting party isn't constrained to healing by verifying requirements if it is suggested that fitting for the intent of healing is also part of the contract, therefore the party must ensure that healing suits the intention as well.

If you drive under the influence, you
A. Increase the risk of killing yourself or another person.
B. Will have to pay double the fine if you’re ticketed for speeding.
C. Are less likely to be injured in a collision.
D. I’m not committing a crime unless your BAL is .08 or higher

Answers

Answer:

the answer is a.

Explanation:

cuz you still arent 100 pecent paying attwntion

Answer:

A. Increase the risk of killing yourself or another person

Explanation:

While under the influence, you're not fully conscious or aware of your surroundings. That being said, driving is a task that acquires the driver to be conscious and to have awareness for their safety and the other driver's safety. If the driver is intoxicated, they risk a collision and killing people if the collison is deadly.

Adia filed a case against Chang in the court at Ohio. However, Chang had never visited Ohio and had no personal ties with anyone in Ohio. Chang could successfully argue that the court:________

a. was in proximity to the place where Chang resides.
b. lacked personal jurisdiction.
c. was limited by subject matter jurisdiction.
d. did not have judges that would understand the languagespoken by him.

Answers

Answer:

b. lacked personal jurisdiction

Explanation:

A court is said to lack personal jurisdiction when the offense or activity doesn’t take place in the location of the court or when the court isn’t situated in the state of origin of the defendant.

Ada filing the case against Chang at a court in Ohio which isn’t Chang’s state of origin and in which he has not visited before means that the court at Ohio lacks personal jurisdiction to progress with the case.

The fact that statutes requiring a license only requires payment of a fee indicates that the purpose of the law is to:

Answers

Answer:

"Raise money" is the right answer.

Explanation:

Trying to raise a certain amount of income to support somebody or something, whether through employment as well as a charitable organization. After that, because there's no requirement specification provision and therefore only referenced funds (to expect to be paid fee) for obtaining a license.

So that the above is the correct choice.

Section 35-4-20 of the Michie's Alabama Code, published by LexisNexis in 1991.

Answers

Answer:

thats just crazy

Explanation:

Who was the first Postmaster General?
A. George Washington
B. George Washington
C. Benjamin Franklin
D. Washington Carver

It is C. Benjamin Franklin

Answers

Answer:

hi, you're answer would be

C. Benjamin Franklin

Hope it's help :)

Answer:

the guy on the $100 bill

Explanation:

According to John F. Galliher, legal definitions of criminality are arrived at through a __________ process.

Answers

Answer: guilty vedect

States request assistance from other states through interstate mutual aid and assistance agreements such as: A. Tiered Response B. Emergency Management Assistance Compacts (EMACs) C. Stafford Act D. Economy Act or other applicable authorities

Answers

Answer:

Option B (EMACs) is the correct choice.

Explanation:

EMAC (Emergency Management Assistance) package - all facets of package international cooperation that are at the heart including its country's national protection program. Since before the US-signed Civil Defense as well as Disaster Treaty dated 1950.A robust and transparent system that requires states provinces contribute personnel, equipment, and services to help neighboring states respond and rehabilitate provides aid in conflicts or relief organizations proclaimed by the Governor.

Other examples offered are not relevant to either the theory in question. So that the option described will be the right one.

Abel was employed as a security guard for Seep Corporation. Abel's job was to guard a fenced-in area and to use force to keep intruders from climbing the fence to enter the plant. His working hours were from 8:00 A.M. to 5:00 P.M. At about 11:00 P.M. one evening, Abel drove past his place of employment. He saw a teenager named Johnny climbing the outside of the fence that he guarded during the day. Angered by this violation of Seep's property rights and by the fact that Johnny had called him a "potbellied moron" only three days earlier, Abel stopped his car, ran up to the fence, pulled Johnny off of it, and beat him up. Johnny sues Seep Corporation for Abel's assault and battery (both intentional torts). Which of the following is most likely to be the court's verdict? Group of answer choices

Answers

Answer:

B. Seep's is not liable because Abel didn't act within the scope of his employment.

Explanation:

According to the facts, Abel is a rightful employee of Seep Corporation. And he also has a duty to preserve the interest of his employer.

But at the same time, his act of beating up and assaulting Johnny was done outside of the jurisdiction of his working hours. And as such, he wasn't covered in the company's rule of using "force to keep intruders from climbing the fence to enter the plant". Moreover, the personal attack that Johnny had done on him makes this assault personal. So, Abel's attack on Johnny has nothing to do with the company he works for, and the Corporation is not liable for any charges or damages that their employee had done outside of his 'employment' hours.

Thus, the correct answer is option B.

Which government body authorized CTSOs? Through the Carl D. Perkins Career and Technical Education Improvement Act, the has authorized CTSOs.

Answers

CTSO's also called as Carl D Perkins Vocational and Technical Educational Act was authorized by Federal Government i.e. The Congress in 1984.

What is CTSO?

CTSO is a principal source of federal funding to states and discretionary grants for the improvement of secondary and post secondary career and technical education program across the nation.

The purpose of the act is to develop fully the academic, career and technical skills of secondary and post secondary students who elect to enroll in career and technical education program.

The act also aims to increase the quality of technical education within the United States in order to help the economy.

History:

The Smith-Hughes Act of 1917 was the first authorization for the federal funding of vocational education. Subsequent legislation for vocational education included the Vocational Act of 1973 and the Carl D Perkins Act of 1984.

Later different forms of act like Perkins II in 1990, Perkins III in 1998 and Perkins IV in 2006 were introduced.

In 2018 President Trump signed into law for the re authorization of the Act in 2018 under the name of Perkins V passed unanimously by the Congress.

The Perkins IV included three major areas of revision:

- Use of career and technical education instead of vocational education

- Maintaining the Tech Prep program as a separate federal funding stream within the legislation

- Maintaining state administrative funding at 5% of a state's allocation.

What is Federal Government?

Federalism is a mixed or compound mode of government that combines a general government with regional governments in a single political system, dividing the powers between the two.

The political principles that animate federal systems emphasize the primacy of bargaining and negotiated coordination among several power centers. They stress the virtues of dispersed power centers as a means for safeguarding individual and local liberties

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Casey Martin was a golfer on the PGA Tour who, due to an illness, needed a golf cart to move around the course. After being denied permission to use a cart, Martin sued the PGA. Many of the players on the tour objected to the suggestion that Martin should be allowed to use a cart. Which of the following objections to Martin’s being allowed to use the cart is an expression of teleological reasoning?a) “Walking the course is part of the game. If you allow Martin to ride a cart, he really isn’t playing the game anymore.” b) “If Martin does not have to walk the course, he will have an unfair advantage.” c) “The PGA is a private organization. The courts should not tell a private organization what to do.” d) (a) and (b). e) (a), (b), and (c).

Answers

Answer:

d) (a) and (b).

Explanation:

Teleology is any philosophical account of the purpose of a thing

Teological reasoning has to do with finding a reason to explain the phenomena in relation to purpose they serve instead of their causes.

From the scenario given, Martin was refused permission to use a cart to play golf due to an illness and the objections to Martin's use of the cart are a0 a) “Walking the course is part of the game. If you allow Martin to ride a cart, he really isn’t playing the game anymore.” b) “If Martin does not have to walk the course, he will have an unfair advantage.”

Answer: A

Explanation:

Gillcore is about to go public and begin selling securities. As a new public company, what steps must Gillcore take in order to stay in line with the requirements of the Securities Act?

Answers

Answer:

The obligations depends on what types of company it is and what type of securities it is offering.

Explanation:

Ideally, the company is required to file a registration statement (discloses all material information concerning the company) and prospectus with the SEC before it may offer its securities for sale. However, the obligations depends on what type of company it is and what type of securities it is offering. This is because SEC classify companies as smaller reporting and emerging growth company hence requires different disclosures that are not misleading in addition to filling registration documents and prospectus.

Which of the following is a benefit of restoration justice, which the judge might have felt was valuable in Justin case?

Answers

Answer:

In simple words, Restorative justice refers to the  legal strategy where one of the approaches to a case is to arrange a meeting between both the perpetrator including the complainant, often with members of the broader community.

Academic evaluation of restorative justice seems to be optimistic. Most findings indicate that it makes criminals less inclined to commit an offence. The 2007 research also indicates that it would have the greatest level of similar values and responsibility for any sort of justice.

hii guys ..help

What does a text need for it to become a novel?

Answers

A manuscript over 40,000 words is considered to be a novel. However, very few novels these days are as short as that. Generally a 50,000-word novel would be the minimum word count. Most novels are between 60,000 and 100,000 words.

Answer: A manuscript over 40,000 words is considered to be a novel. However, very few novels these days are as short as that. Generally a 50,000-word novel would be the minimum word count. Most novels are between 60,000 and 100,000 words.

Explanation:

100 POINTS!!!!!!!! At close firing distances, gasses from a gun's muzzle can produce a star-shaped pattern around a bullet hole. true false

Answers

Answer:

True

Explanation:

The star comes from the gasses and heat so it has to be close to the bullet hole.

My question was True or Flase it has to be 3 feet away and I chose false and got it right.

The statement is "The star comes from the gasses and heat, so it has to be close to the bullet hole" is true.

What is a gun's muzzle?

A gun muzzle is an essential component of firearms such as small firearms, artillery pieces, and air guns. It is the straight firing tube, generally composed of rigid high-strength metal, through which a confined fast expansion of high-pressure gas is employed to drive a projectile at high velocity out of the front end.

Muzzle gases can also create a star-shaped pattern around the bullet hole. As the distance increases, a gun shot 12 to 18 inches from the target can frequently create a halo of smoke around the bullet hole. The target may still display gunpowder residue at 25 inches. Therefore, it can be concluded that the above statement is true.

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According to John F. Galliher, legal definitions of criminality are arrived at through a __________ process.

Answers

according to John F. Gallinero, legal definitions of criminality are arrived through a political process.

Which of the following is an example of an interest group?
O A. The Democratic Party
B. The Senate
O C. People for the Ethical Treatment of Animals
O D. The United Nations

Answers

The Democratic Party

which article is related to Equality before law​

Answers

Answer:

Article 14 guarantees to all persons equality before the law and equal protection of the laws.

Answer:

article 14

Explanation:

It would be inappropriate to refer to "criminal law," as if it were a singular entity. Why is this? Discuss all that "criminal law" really includes in the U.S.

Answers

Answer:

In simple words, Crime legislation is an offence-related area of law. It forbids behaviour that is viewed as dangerous, hazardous and sometimes jeopardising the land, health , safety and spiritual well-being of others, including one's own self.

Criminal law differs significantly by territory and varies from common law, within which there is more focus on resolving disputes and market financing than on retribution or reintegration.

Criminal process is a formalised legal action that verifies the conduct of a felony and requires the perpetrator to be convicted or rehabilitated.

Why the criminal justice system continues to fail taxepayers?

Answers

The criminal justice system in the United States serves the purpose of upholding the rule of law and ensuring the safety of citizens. It works under the notion that the country operates under certain rules, and that breaking those rules results in a punishment. However, the system is flawed and there are several reasons why it continues to fail the taxpayers who fund it.

One problem of the criminal justice system is that it relies on processes that are flawed by their very nature, such as human memories, fingerprints, DNA evidence and eyewitnesses. This can result in wrong convictions of innocent people.

Another problem of the system is that many people who work in it possess biases. Judges, lawyers, and the police can be biased towards certain races, gender, age groups or other groups of people. This makes it difficult for justice to be administered fairly to all people.

Finally, another problem of the criminal justice system is that over time, sentences have become longer, more serious, and more common. However, these sentences do not always deter crime, and often get in the way of the rehabilitation of past convicts. This defeats the purpose of the system and makes it difficult to ensure the safety of the population.

If you see a large truck from oncoming traffic driving towards you, you should try to

Answers

Go to the side of the road

Examine some of the difficulties in the financial system in Ghana and how it has been addressed?

Answers

Answer:

The several banks in Ghana had collapsed. The banks were given license few years ago. The banks were heavily deficient in liquidity and they had instability in financial systems.

Explanation:

There have been mergers of some banks in Ghana which lead to financial system inconsistencies. There was continuous mobilization of fund which resulted in unstable deposits. The challenges have been addressed by Implementing Institution Act of 2016.

What is your opinion regarding marriage due to financial interest, power, status or social prestige? ”. Do you think that marriages / relationships of this type still occur? help pleaseeeee

Answers

Answer:

In my opinion, I do not like the fact tht people just marry because of money or power. People still do this to this day and I do not think that it is okay. You should marry someone because you love them, not because you want power or more money.

Hope this helps! (づ ̄3 ̄)づ╭❤~

Explanation:

Answer:Love is more important than money in my opinion.

Explanation:

What do California homeowners receive to protect equity when a court forces the sale of a house to pay for a judgment

Answers

Answer:

Simply, a "homestead" is your home. Although the equity in your home may be available to your creditors, many states, including California, provide for a "homestead exemption" as a way of protecting some, or all, of your equity.

Explanation:

hope this helps

Select the correct answer. Assume that you are a member of a special interest group that wants to raise taxes on certain items. Who would you present your idea to if you wanted it to be proposed as a bill? A. a Supreme Court justice B. the president C. the American people D. a senator E. a member of the House

Answers

Answer:

the house of representatives or E a member of the house

Explanation:

in Article I, Section 7, of the Constitution provides that all bills for raising revenue shall originate in the House of Representatives but that the Senate may propose, or concur with, amendments. By tradition, general appropriation bills also originate in the House of Representatives.

All bills to raise money must come from the House of Representatives, according to Article I, Section 7, of the Constitution, though changes may be proposed or approved by the Senate. General appropriation legislation typically start in the House of Representatives as well. Hence  option E is correct .

Who are a member of the House ?

The lower house of the United States Congress is the House of Representatives, sometimes known as the House of Representatives, the U.S. House, or just the House. The Senate is the upper chamber. They make up the United States' bicameral national legislature as a whole.

The United States Constitution's Article One established the makeup of the House. According to the Uniform Congressional District Act, the House is made up of representatives who sit in single-member congressional district  based on population as determined by the United States Census, with one representative allotted to each district, provided that each state is entitled to at least one.

All representatives have been chosen directly from the government's foundation in 1789, although universal suffrage did not become a reality until after the Civil Rights Movement and the 19th Amendment's ratification.

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which of the following is something that both Bentham abd Mill would endorse

Answers

Answer:

The good is best understood in terms of pleasure.

Explanation:

Answer:The good is best understood in terms of pleasure.

Explanation:

Other Questions
which of these is an example of a discrete random variable? A. Time worked on a job B. Weight of a child C. First digit of a phone number D. Length of a fish -Hola Carlos me llamo Juana - _____, Juana A. Me llamoB. Mucho gustoC. Cme year llamasD. lgualmente .hlp me to solve mcq WILL GIVE BRAINLYEST AND 30 POINTS Which of the followeing can be qritten as a fraction of integers? CHECK ALL THAT APPLY 25, square root of 14, -1.25, square root 16, pi, 0.6 i am a multiple of 7 i am between 50 and 100 my tens digit is odd who could i be? Answer it answer it answer it. Jill has two dimes she is going to use to perform a probability experiment. What is the theoretical probability that at least one of the two coins will turn upheads?75%50% Prepare the List of goods and goddessworshiped by the various religions withtheir religious book. 1782/3 = and why the answer 3. What two characteristics do you need to include when defining a force? (a) speed and direction (b) strength and direction (c) acceleration and time (d) distance and direction 4. When a bug traveling west hits the windshield of a car that is traveling east, what can be said about the collision? (a) The bug feels a stronger force than the car. (b) The car and the bug feel the same size force. (c) The car accelerates more than the bug. (d) The bug does not accelerate due to the force. 5. What is the reaction force to the force on a baseball from a bat? (a) The force of the bat on the ball (b) The force of the ball on the ground (c) The force of the bat on the players hand (d) The force of gravity on the If my income is 15 every 2 weeks how much money will I have in 3 months Given y(x) = f(x)g(x). Find the slope of the tangent line to y(x) at x = 7. will mark brainliest! French II need help fast! #2 What is a verb chart or verb box and how is it organized? A researcher says to the respondents in a poll, Eating too many sugary foods leads to cavities. Would you rather have soda or water served with your meal? Is this a valid question to ask of sample respondents? A. Yes, the more information provided by a researcher the better. Respondents can now give an informed opinion and the results will be more accurate.B. No, the wording of the question makes respondents more likely to say water, even if they may actually prefer soda at a meal. C. No, a researcher cannot ask people for preferences because they may not answer honestly. The researcher should observe people and record their beverage selections to insure accurate responses. D. Yes, the researcher is simply stating a fact: eating sugary foods does lead to cavities. It is okay for a researcher to state facts in asking questions of respondents. Which of the following quotes indicates omitted text? "You could go crazy thinking of how public our lives really arethe omnipresent security cameras, the tracking data on our very smart phones, the porous state of our Internet selves, the trail of electronic crumbs we leave every day," says New Yorker journalist Susan Orlean. "You could go crazy thinking of how public our lives really are[the omnipresent security cameras, the tracking data on our very smart phones,] the porous state of our Internet selves, the trail of electronic crumbs we leave every day," says New Yorker journalist Susan Orlean. "You could go crazy thinking of how public [sic] our lives really arethe omnipresent security cameras, the tracking data on our very smart phones, the porous state of our Internet selves, the trail of electronic crumbs we leave every day," says New Yorker journalist Susan Orlean. "You could go crazy thinking of how unprivate our lives really are...the porous state of our Internet selves, the trail of electronic crumbs we leave every day," says New Yorker journalist Susan Orlean. PLEASE HELP!!! Which expression shows a way to find the area of the following rectangle? The mathematics teacher proposes to his students that whoever determines their years of Experience as a teacher will have an extra point, for this they will have to solve the following expression -5 + {4 * 6 + 3 + 1 + (3- (4-8) + (3-2)]} How many years of experience does the teacher have? Membrane-bounded vesicles that contain enzymes for oxidizing small organic molecules with the formation of hydrogen peroxide are Group of answer choices Which description correctly explains the deaths of Cassius and Brutus?Cassius stabs himself due to the information that Brutus has been killed; Brutus is killed by Octavius.Cassius and Brutus are both killed by Octavius.Cassius and Brutus are both killed by Mark Antony.Cassius asks Pindarus to kill him with his own sword; Brutus runs onto his own sword, which is held by Strato. (MC)Read this story and then answer the question that follows:Sarah saw them again. Out of the corner of her eye she could see the kids ganging up on the new girl, Lara. She was late to her band practice and only had a few minutes to get there. "I barelykrow her stemmered to herset as she waked qulody to the car. "I'm sure she can take care of herself." Sarah knew this was an important rehearsal and could not miss it. "Hurry up,shouted her to from the one's seat. Sarah threw her guitar in the back seat and slammed the door. "Let's go," she said. As they rounded the comer and stopped at the stop sign-her heartmong-Sarah locked at the mom "Mom, Lara needs our help. Let's go back." which of the following is an example of theme in this story