Question
1) On September 12, 2020, Damon orally agrees to paint the exterior of Matt's Warehouse building in Boise, Idaho, for $30,000, to be completed by
1) On September 12, 2020, Damon orally agrees to paint the exterior of Matt's Warehouse building in Boise, Idaho, for $30,000, to be completed by November 1, 2020.Matt promises to pay Damon by November 5, 2020, assuming the work has been completed.Damon and his assistants work very diligently, and complete the project early - on October 23!Matt still has not paid Damon as of May 15, 2021, and he sent Damon a note indicating that he would not be paying Damon.If Damon has to take Matt to court on this matter:
a.Matt will win, as the contract price was over $500, and it was not in writing, so not enforceable!
b.Matt will lose, as Damon had a binding, enforceable contract, and Damon fully performed on the contract.
2)Nita walks into Hank's Hardware Store and says, "I need metal storage shelves that can hold 500 pounds."Hank, the owner of the store, directs her to a metal storage shelving system, which Hank indicates will hold up to 800 pounds!Nita then buys the shelves.When Nita puts packages onto the bottom shelf, weighing 450 pounds, the shelf breaks, and Nita was hurt when the shelf broke.Hank's Hardware Store is liable for Nita's injuries under which legal theory:
a.breach of warranty of merchantability
b.breach of warranty of title
c.product liability
d.breach of warranty for particular purpose
e.breach of Magnuson-Moss Warranty Act
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