Create a new thread for each posting.
Use correct, complete sentences, in paragraph format, unless otherwise instructed.
Use assigned course materials to complete discussion responses.
Use in-text citations and a Reference List in APA format to cite the course resource(s) used – an in-text citation cannot exist without a corresponding Reference List, and a Reference List cannot exist without a corresponding in-text citation.
Post responses here in public discussion forum.
Put the following in the subject line: Discussion + your name.
Address each classmate by name, and sign your name to each posting, please.
Write in-depth, comprehensive responses that promote further discussion beyond merely agreeing/disagreeing – refer to the “ Winning Discussion Responses” module in Content for examples.
Tips for Formatting and Structuring Parts 1 and 2:
· Write in complete sentences in paragraph format.
· Use in-text citations citing to relevant assignment materials.
· Label parts as appropriate.
· Double-space; 12-point Arial or Times Roman font.
· Introductory Sentence: Begin with an introductory sentence or very brief paragraph that states your conclusion to the questions asked.
· Concluding Sentence: End the discussion with a concluding sentence or a very brief paragraph that summarizes your conclusion/what you discussed.
· Support Arguments and Positions: Please refer to the module in Content, “How to Support Arguments and Positions”.
Part 2:
React to a minimum of 2 colleague’s comments.
CHERIE’S POST:
(1) What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?
· An implied warranty of merchantability is defined in U.C.C. § 2-314. U.C.C. § 2-314(1) states that unless excluded or modified, a warranty that goods shall be merchantable is implied in a contract for sale if the seller is a merchant with respect to goods of that kind.
· An implied warranty of fitness for particular purpose is where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.
(2) Analyze and explain specifically how and why Clean could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property.
Could Clean be sued for breach of implied warranty of of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property?
Clean is aware that their product contains a toxic chemical that causes mold, therefore it is not fit to be used and they are intentionally disregarding the potential damage and in effect are causing damage.
Clean could be sued for breach of implied warranty of of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property due to the fact they are aware of the toxic chemicals in their cleaning products and continue to use the toxic products without regard to the damage they can cause.
CHRISTINE’S POST:
(1) What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?
ANS:
An implied warranty is an assurance that a product is fit for its intended purpose. Merchantability says that a product will meet reasonable expectations of the buyer, while fitness means the product meets the buyer’s intended use. An implied warranty of merchantability is a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. (Legal information institute, 1992). While Implied warranty of fitness for a particular purpose, the buyer relays on the sellers’ skills and judgement to select or furnish suitable goods unless excluded or modified. (Legal information institute, 1992).
(2) Analyze and explain specifically how and why Clean could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property. `
ANS: Under product liability, Clean could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property. In order to make the product effective and safe for consumption by the users, it must be designed in a way that is safe for its purposeful use. The management of the company should ensure that the product is inspected and tested at varying stages, accumulated carefully and produced from the proper materials before using the product at their client’s commercial property. The product’s container should be available, adequate and the proper warnings and instructions should be communicated to the users of the product. (Exploring warranty and product liability). The manufacturer advises the seller of the product not to misrepresent the safety and the character of the product and should reveal all the products defects. Under product law and warranty, the seller is liable for any defective product and if the product fails to meet the intended standards.
Overall Feedback
Thank you for your participation. Below you will find a few comments that will help with improving your posts and raising your scores in the future:
1. Make sure that you are using course readings first before consulting outside sources. These readings are required reading by all students in the course and the weekly discussion questions offer you the opportunity to display your comprehension of these readings.
2. Good engagement with your peers, but continue to work on expanding those posts using the tips provided during Week 1.
3. Be careful of making generalizations that are not supported by evidence and that are in fact inaccurate. A number of these generalizations can be found in your posts. For example, you note in one of your posts that “[b]lack people were poorer than the whites.” This could be true in some places at some times, but this was not necessarily true at all times, particularly in the earliest days of settlement when indentured servants, black and white, worked alongside each other and occupied similar a social/class status in society.