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University of The Cumberlands Implied Warranty Law Questions

University of The Cumberlands Implied Warranty Law Questions


Question I –  Claire is severely injured in a car accident.  The local hospital  cannot treat Claire’s injuries.  In order to survive, Claire must be  flown via Helicopter to a hospital in a bordering state.  Prior to  boarding the helicopter, Claire signs a contract obligating her to pay  for the helicopter flight and all of its expenses.  Claire lives and  fully recovers.  However, she is being sued by the helicopter company in  the amount of $50,000 for the helicopter transportation and its  accompanying expenses.  What is argument Claire could make in order to  rescind the agreement?  Does it matter that the helicopter company  performed its obligation under the contract?

Question II – Bono  is a musician.  He sells his neighbor a gently used lawn mower at a  deeply discounted price.  The neighbor is dissatisfied with the  performance of the lawn mower.  Can the neighbor sue Bono under the UCC  §2-314, the implied warranty of merchantability?  Why or why not?

Question III –  If cigarette companies want to work with one another for a common  interest, what is one example that would allow the cigarette companies  to do so without violating the Sherman Act?  What source of law protects  the cigarette companies’ actions?

Question IV –  The year is 2012 and the light bulb has not yet been invented.  Thomas  Edison and Nikola Tesla are in a bitter feud to see who can bring  electricity to the masses first.  In this alternative history, it is  indisputable that Tesla invented the lightbulb first.  However, Edison  filed his lightbulb patent prior to Tesla.  According to the law in  2012, who holds the patent to the lightbulb?

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