Question
Pick ONE case from the 5 Cases discuss the merits of both sides of the matter, and come to a conclusion. Start with a case
Pick ONE case from the 5 Cases discuss the merits of both sides of the matter, and come to a conclusion. Start with a case brief (facts, issue, rule, analysis, and conclusion)
if you want to read the full case too online on the internet that can help you to form your arguments. The last part that you will include is if you agreed with the court's decision and why or why not. Make sure you discuss as needed, and back up your reasons with the law if possible.
1. Walker owned several pizza parlors that operated under the name of El Fredo Pizza, Inc. He planned to open a new parlor and to purchase a new oven. When a friend suggested that Walker purchase an oven from the Roto-Flex Oven Co., Walker contacted an agent from that company and negotiated the purchase of a new oven. Walker made clear the particular purpose for which he was buying the ovento cook pizzaand that he was relying on the agent's skill and judgment in selecting a suitable oven. Based on the agent's suggestion, Walker contracted to purchase a custom-built, Roto-Flex "Pizza Oven Special." Once the oven was installed, Walker had nothing but troubleuneven heatingwhich caused the pizza to be improperly cooked when it came out of the oven. Roto-Flex attempted to fix the oven but could not. El Fredo brought action against Roto-Flex for breach of the implied warranty of fitness for a particular purpose. Should El Fredo be successful? (El Fredo Pizza, Inc. v. Roto-Flex Oven Co., 291 N.W.2d 358)
or
2. McDonald's, a leading fast-food chain of restaurants in the United States, was sued by Arnold Pellman and other teenagers, all New York residents who frequently ate at McDonald's outlets, contending that they suffered adverse health effects, including becoming overweight as the result of eating McDonald's food containing high levels of cholesterol, fat, salt, and sugar. They further contended that McDonald's failed to warn the public of the high quantities of unhealthy ingredients in their products. McDonald's produced evidence that they made their nutritional information available online and that such information was also available upon request. The plaintiffs (Pellman and others) failed to show a direct relationship between their eating McDonald's fast food and the adverse effects on their health. Should Pellman and the other teenagers be successful in their lawsuit against McDonalds?
or
3.Balch purchased a dog for $800 from Newberry, who operated a kennel. Before the sale, Balch informed Newberry that he wanted a male dog for breeding purposes. Newberry stated that the dog had the ability to produce pups of pedigree quality. Balch relied on this fact when he purchased the dog. After the purchase, Balch discovered that the dog was sterile and therefore of no value to Balch for breeding pups. Could Balch demand the return of his $800 after returning the dog? (Balch v. Newberry, Okla. 253 P.2d 153)
or
4. Hook sold two milk trucks, together with two milk routes, to Janssen. At the time of the sale, Hook told Janssen that the trucks were in good condition. Janssen, however, had inspected the trucks before purchasing them. He was aware that the trucks needed repairs and were in generally poor condition. After purchasing the trucks, Janssen spent a considerable amount of money for work done on the trucks. He then brought a lawsuit against Hook for the amount spent, claiming that the statement by Hook that the trucks were in good condition amounted to a breach of an express warranty. Is Janssen correct? (Janssen v. Hook, 272 N.E.2d 386)
or
5. Henningsen purchased a brand-new Plymouth automobile from Bloomfield Motors and gave it to his wife as a gift. While driving the new car, Henningsen's wife crashed into a brick wall and was injured because a defect in the steering wheel caused her to lose control of the car. She sued Bloomfield Motors for her injuries under the breach of the implied warranty of merchantability. Bloomfield Motors claimed that there was no privity of contract between them and Mrs. Henningsen and that she could not recover. Can Mrs. Henningsen recover from Bloomfield Motors? (Henningsen v. Bloomfield Motors, N.J. 161 A.2d 69)
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