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Principles of Consumer Protection
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Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358 Supreme Court of New Jersey December 7, 1959, Argued ; May 9, 1960, Decided No Number in Original TOPIC: Assent to Standardized Forms CASE: Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358, 161 A.2d 69, 1960 N.J. LEXIS 213, 75 A.L.R.2d 1 (N.J. 1960) FACTS: Mr. Henningsen purchased Plymouth 1995, from a Chrysler dealership, which later on him and his wife sued. Mrs. Henningsen got injured while driving the car on the paved and smooth highway in New Jersey, when all of a sudden the plaintiff heard a loud noise underneath the hood and the car ran into the wall. The witnesses were present. The defendant in his defense brought up the "Conditions" part of contract, that there was a provision stating
4. Facts: It was the time of August in 1986, when William Geringer with his family was on vacation at the Wildhorn Ranch Resort located in Teller County, Colorado. Due to some defective Paddleboating boat two of the family members (William Geringer and his minor son Jared Geringer) were drowned. Mr. Watters, a defendant, was formerly the owner of the resort, but he stated that he handed over the possession to Wildhorn Ranch Inc. “The other defendant, Les Bretzke, was a contractor with an autonomous company that endow with repair services and repair construction to the resort.” During the whole trial the main focus was on the maintainability issues of
Honig v. Doe, 484 U.S. 305, 108 S. Ct. 592, 98 L. Ed. 2d 686 (1988).
"Ford v. Wainwright." LII / Legal Information Institute. Legal Information Institute, n.d. Web. 19 Feb. 2014.
Deere & Company (Deere) has been experiencing a decrease in its profit margins for one of its aftermarket resale products, specifically the gatherer chain, over the past couple of years. Currently, the cost-price ratio is at 80% compared to last year’s 50%. The purchase cost for the gatherer chain has been steadily increasing, while the aftermarket price has been decreasing. Deere has been budgeting its price to match that of a major competitor, which has been causing the decrease. The company’s main supplier of its gatherer chain is Saunders Manufacturing, with which Deere has established a long term relationship. The owner of Saunders has a reputation of being a tough negotiator, and is someone who is known for not willing to share financial information about the company. However, the U.S. Department of Commerce has provided financial estimates in Saunders’ industry as follows: material spend, 42%; direct labor, 16%; indirect labor, 6%; Overhead, 20%. These percentages are helpful to Deere because they can be used in the negotiation process with Sanders. Since Sanders will not share any specific cost information, Deere is able to use these estimates as a way to justify Sanders reducing its prices. Using these estimates during the negotiations might also incentivize Sanders to provide accurate numbers for its specific manufacturing costs.
This trend began to ebb with MacPherson v. Buick Motor Co., and the ruling by an appellate court that favored MacPherson, the plaintiff. This case, however, was more a result of political expediency than a reasoned verdict based on fact. In this case, the plaintiff argued that his 1911 Baby Buick had a defective wheel that collapsed while traveling at a low rate of speed, hitting a telephone pole, and pinning him under, breaking his wrist and cracking several ribs; however, the facts of the trial revealed that the accident as it was recounted by the plaintiff was a physical impossibility, but due to the increasing pressures to dispense with privity rulings, the court imposed on the defendant the responsibility of inspecting and discarding defective wheels, implying causal negligence even though the plaintiff had driven the vehicle for more than a year in less than perfect road conditions without a mishap. (MacPherson Tort Story; MacPherson v. Buick Motor Company: Simplifying the Facts While Reshaping the Law, Pg.
In the case or Yost v. Rieve Enterprises, Inc. Rieve Enterprises engages into a contract with Mr. Yost for a lease to purchase deal. The facts of the case are that Rieve visited the Red Barn Barbecue Restaurant with the intention of purchasing. Rieve and Mr. Yost entered into a contract after Rieve conducted a visual inspection of the premises. The deal was to include a five year lease with the option to buy the land and building. Prior to the sale, the Red Barn had been cited for numerous health code violations. Mr. Yost had these all corrected and disclosed this information. Mr. Yost then warranted that “the premises will pass all inspections” to conduct business. Shortly after Rieve Enterprises
The Massachusetts Lemon Law was created to protect buyers from purchasing new or used vehicles that have are unsafe to be driven or have substantial defects. It was designed so that these types of cars are not driven on Massachusetts roads. The Massachusetts Office of Consumer affairs and Business Regulation administers the Massachusetts Lemon Law. Below is a list of the key factors in the Massachusetts Lemon Laws, so that consumer are more informed of their rights provided by the law.
TITLE AND CITATION: United States of America v. Raymond J. Place 462 U.S. 696 (1983)
Though there was evidence that supported the plaintiff’s case, the case pre-empted by the Locomotive Inspection Act and by the federal railroad safety laws. This protected the Railroad Friction Product Corp for any liabilities because there was nothing on paper after inspections that there was a possibility of exposure to asbestos. The Decision was 6 votes for Railroad Friction Products Corp and 3 vote(s) against. The Legal provision that stood behind the decision resided on the Locomotive Inspection Act. Justice Clarence Thomas provided the opinion of the Court supporting the lower court's decision, but the Courts believed that the Locomotive Inspection Act prevented the state law design faulty claims and the state law failure to warn claims. The Court highlighted that state law must yield to a Congressional Act, to the level of any conflict with federal statute, even if there is no express preemption. The Court also determined that the Federal Railroad Safety Act did not change the probability of the Locomotive Inspection Act. However, she did not think that the Locomotive Inspection Act preempted the claims for failure to warn because those claims were not based on any product's physical compensation, but on a failure to provide adequate instructions or warning and that the entire locomotive inspection act
National Labor Relations Board v. Jones & Laughlin Steel Corp. 301 U.S. 1; 57 S. Ct. 615; 81 L. Ed. 893; 1937 U.S.
Sheppard v. Maxwell - 1966. (n.d.). Justia US Supreme Court Center. Retrieved April 7, 2014, from http://supreme.justia.com/cases/federal/us/384/333/
Widmar v. Vincent, 454 U.S. 263, 102 S. Ct. 269, 70 L. Ed. 2d 440 (1981). Retrieved from: http://scholar.google.com.libproxy.clemson.edu/scholar_case?case=7188907281892258516&q=widmar+v.+vincent&hl=en&as_sdt=6,41
can be found in the case of Hill v Baxter (1958) where a driver is
[7] Farrar (1998) chap. 7 [8] Salomon v Salomon [9] Lennards Carrying Co Ltd v Asiatic Petroleum Co.[1915] AC 153 [10] As occurred in Daimler v Continental Tyres [1915] 1 KB 893. [11] As quoted by F. Moghadam in QMWLJ 1 p36. [12] e.g. Gilford Motor Co. v Horne [1933] Ch.935 [13] S.213 [14] S.214 [15] D.H.N Food Distributors v Tower Hamlets L.B.C ([1976] 3 All ER 462) [16] [1983] 3 WLR 492. [17] cf.
In Mahabir Prasad Singh v. Jacks Aviation Pvt. Ltd., the Court while upholding the judicial process stated that: