Sperry Rand makes farm machinery. To promote its products, Sperry published a sales brochure that includes the

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Sperry Rand makes farm machinery. To promote its products, Sperry published a sales brochure that includes the following representations:

You'll fine-chop forage to one centimetre season after season! You'll harvest over 45 tonnes per hour with ease. Under test conditions, the big New Holland harvesters have harvested well over 60 tonnes per hour. And Micro-Shear cutting action gives you a choice of crop fineness-from one to six centimetres.

Induced by the brochure, John decided to buy one of Sperry's machines from a third-party dealer. As a result of the failure of the machine to live up to its description in the brochure, John lost his entire season's crop. Aiming to recover damages for breach of contract, John attempted to sue the dealership. Unfortunately, the dealership had gone bankrupt. John decided that he would try to sue Sperry Rand. Assume that his contract with the dealership excluded any possible tort liability against Sperry Rand. Does John have a contractual remedy against Sperry? Is the parol evidence rule relevant to your determination?

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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