question archive Shalene Kolchek bought a Great Lakes Spa from Val Porter, a dealer who was selling spas at the state fair
Shalene Kolchek bought a Great Lakes Spa from Val Porter, a dealer who was selling spas at the state fair
Subject:BusinessPrice:3.87 Bought8
Shalene Kolchek bought a Great Lakes Spa from Val Porter, a dealer who was selling spas at the state fair. Porter told Kolchek that Great Lakes spas were "top of the line" and "the Cadillac of spas" and indicated that the spa she was buying was "fully warranted for three years." Kolchek signed an installment contract; then porter handed her the manufacturer's paperwork and arranged for the spa to be delivered and installed for her. Three months later, Kolchek noticed that one corner of the spa was leaking onto her new deck and causing damage. She complained to Porter, but he did nothing about the problem. Kolchek's family continued to use the spa. Using the information presented in the chapter. answer the following
1. L Did porter's statement that the spa was "top of the line*' and "the Cadillac of spas" create any type of warranty? Why or why not?
2. If the paperwork provided to Kolchek after her purchase indicated that the spa had no warranty, would this be an effective disclaimer under the Uniform Commercial Code? Explain.
3. One night. Kolchek's six-year-old daughter. Litisha. was in the spa with her mother. Litisha's hair became entangled in the spa's drain, and she was sucked down and held underwater for a prolonged period, causing her to suffer brain damage. Under which theory or theories of product liability can Kolchek sue porter to recover for Litisha's injuries?
4. If Kolchek had negligently left Litisha alone in the spa prior to the incident described in the previous question, what defense to liability might tarter assert?
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Answer:1 Porter's statement doesn't create any type of warranty because his opinion is considered as puffery. A puffery is defined in the book as an expression of opinion by a lessor that is not made as a representation of fact.
Answer:2 No, because Porter already made an oral warranty during the bargaining process which cannot be modified at a later time without the consent of Kolcheck.
Answer:3 Kolchek can sue porter under the Strict Product Liability which falls unders the basis of Kolcheck's daughter incurring physical harm to herself by use of the defective spa.
Answer:4 Knowledgeable User- Litisha is six years old and doesn't know how to use the spa properly. This is tied to comparative negligence, because she lack an adult supervision. Comparative Negligence- Kolcheck should have never left her daughter unsupervised and alone in the Spa.It was Kolcheck's fault by leaving Litisha unsupervised in the spa that leads to the incident.
