Questions for Analysis

What did the court of appeals do with the trial court's interpretation of the contract between Norcold and Gateway? Explain.

Has the court of appeals in this case used textualism or pragmatism in its interpretation of the phrase the "basis of the bargain"? Explain.

Does the warranty included in the contract between Norcold and Gateway have to be "relied upon" to be included in the agreement? Explain.

Why does the court return to the comments section of the UCC to determine what warranties must be relied upon? Explain.

Is the tap tee refrigerator unit developed by Gateway "unsafe" or "dangerous"? Explain.

Did Gateway fulfill its "duty to warn" in relation to Norcold? Did Gateway fulfill its "duty to warn" in relation to the customers of Norcold who were sold a defective piece of equipment? Explain.

A complex adaptive system is a network of interacting conditions that reinforce one another, while at the same time adjusting to change from agents outside and inside the system. In what way does the case of Norcold, Inc., v. Gateway Supply Company reinforce the idea that the law works like a complex adaptive system? Explain.