Wednesday, October 9, 2013

Disney Case

1. Facts: Video tapeline is record magnetically. The magnetic particles that constitute the recorded scene are bound to the tapes polyester travelling bag. The binder that holds the particles to the base breaks down over time. This breakdown, which is called steamy dismiss syndrome, causes the image to deteriorate. The Walt Disney Co. do many of its movies available on tape. Buena view Home Entertainment, Inc, sell the tapes, which it described as part of a Golden aggregation or masterpiece Collection. The advertising include such educations as Give Your Children the Memories of a Lifetime- Collect individually meterless Masterpiece! and Available for hold in Time Only! Charmaine Schreib and others who bought the tapes filed a wooing in an Illinois state philander against Disney and Buena Vista, alleging, among other things, breach of warranty. The plaintiffs claimed that the defendants selling expectd the tapes would cash in ones chips tapes would exsert for genera tions. In reality, the tapes were as subject to sticky shed syndrome as other tapes. 2. Issue: Did the ads create and channel warranty? In whose favor should the court find oneself on this issue? Explain. [ Schreib v. The Walt Disney Co., _N.E.2d_(I11.App. 1 Dist. 2006)] 3.
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Decision: Disneys quoted statement that the tapes would last a life led Schreib to interpret this statement as a motive to create an submit Warranty though his affirmation of promise of fact. Such a statement is more of an ruling or puffery, therefore the court would rule in favor of Disney. 4. Reason: Disneys statement that the tape would last a li fetime is every opinion or puffery and canno! t form an Express warranty. Also, the cost of the tapes were more than seeming under xxv dollars thus the Magnuson-Moss Warranty Act would not impose either a Full or Limited warranty on the tapes that, from research of the sticky shed syndrome, will deteriorate. It can be said that it is a defective mathematical product in that case, which furthers the reason...If you want to get a full essay, do it on our website: BestEssayCheap.com

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