Question: The client, Mrs. Tatum, purchased a new microwave oven from Inki Appliances Company. No written or oral warranty was given when the sale was made.

The client, Mrs. Tatum, purchased a new microwave oven from Inki Appliances Company. No written or oral warranty was given when the sale was made. The microwave stopped working one week after Mrs. Tatum took it home. She returned the microwave three days after it quit working. The owner of Inki Appliances refused to repair or replace the microwave or give Mrs. Tatum her money back. Prepare a demand letter to be sent to Inki Appliances. The letter is to be signed by your supervising attorney, Alice Black. Use the letterhead presented in the Application section of this chapter. Mr. Terry Spear is the president and owner of Inki Appliances Company, and the address is 1001 Maple Drive, Friendly, NW 00065.
Statutory Law: Section 50-102-314 of the New Washington statutes provides that "a warranty that the goods shall be merchantable is implied... if the seller is a merchant with respect to the goods of that kind." Mr. Spear is a merchant. Mrs. Tatum did not misuse the microwave or in any other way cause it to quit working.
Case Law: The case on point is Smith v. Appliance City, 56 N. Wash. 162, 868 N.E. 997 (1995). In Smith, the New
Washington supreme court ruled that the seller has three options when an implied warranty is breached: return the purchase price to the buyer, repair the merchandise, or replace the merchandise.

Step by Step Solution

3.45 Rating (161 Votes )

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock

LAW OFFICES OF ALICE BLACK 2100 MAIN STREET FRIENDLY NEW WASHINGTON 00065 200 2677000 FAX 2677001 April 25 2013 Via Facsimile and US Mail MR TERRY SPE... View full answer

blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Document Format (1 attachment)

Word file Icon

509-L-B-L-L-E (3234).docx

120 KBs Word File

Students Have Also Explored These Related Business Law Questions!