Sunday, November 17, 2019
Bus Low Essay Example | Topics and Well Written Essays - 750 words
Bus Low - Essay Example Although this law, unique to the State of East Columbia, took effect eight months ago, Better was unaware of it.Ã Homeowner, in mowing his lawn, stopped the mower and then reached under the housing to clear a grass clump. His hand was severely injured by the spinning mower blade.Ã This case falls within the ambit of the Uniform Commercial Code, in particular, under article 2 thereof on sales of goods. Homeowner can validly sue both Better and Retailer for the injuries he has suffered. The Supercutter which was manufactured by Better Manufacturing Company (Better) and sold by Retailer, Inc. did not conform to the safety rules and regulation imposed within the state of East Columbia. Better is liable for failure to comply with the safety laws that are enforced within the state where it is being sold. Ignorance of the law excuses no one. Better cannot set up the defense that they were unaware about the law which requires that all power mowers manufactured for use, or sale, or actually sold, in East Columbia be equipped with an automatic brake to stop the blade when the mower is stopped. The said law has already been in force and effect for eight months already and Better is duty bound to know and comply with all the laws that apply to them, to their business and to their products. In the case at bar, Better is liable for damages for its negligence which resulted in damage and injury to Homeowner. Besides, Better has an authorized agent for sales within the state of East Columbia. If the compliance department of Better had failed to update themselves on the laws of East Columbia, Retailer should have informed Better about these laws. Moreover, Retailer made an express warranty to Homeowner that the Supercutter was state of the art and complied with all safety laws when in truth and in fact it does not. If not for the warranty made by retailer, Homeowner may not have bought the
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment