Question
Marilyn Thomas purchased an installed pool heater from Sunkissed. The pool heater was delivered to Marilyn's residence, but the delivery slip was signed by Nancy
Marilyn Thomas purchased an installed pool heater from Sunkissed. The pool heater was delivered to Marilyn's residence, but the delivery slip was signed by Nancy Thomas. Marilyn did not know of anyone by that name. She called Sunkissed to advise the company to move the heater. The neighborhood was not safe, and she was worried that the heater would be taken. The heater remained in her driveway for approximately four days. When Marilyn noticed that the heater was no longer in her driveway, she again contacted Sunkissed, but she was told not to worry. Who was responsible for the loss of the heater? Did Sunkissed actually deliver the heater to Marilyn? How do you think the court decided? [In re Marilyn Thomas,182 B.R. 347 (1995).]
I need to figure out the court's decision and the rule of law it involves, stating:
A.the principle, standard, or rule which applies in this case.Explain the rule of law.
B.how the rule of law is supported or negated by the facts in the case.
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