Managers and the Legal Enviornment
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How will the defendants respond?
The defendants position will remain that they properly provided Moore with both a written warranty and sales agreement, one of which was signed by Moore, which alleviated both the manufacturer and the dealer from responsibilities of any implied or expressed warranties of the used vehicle in which Moore choose to purchase. As well, their sales agreement explicitly states that the exception to this disclaimer is new vehicles in which the manufacturers standard warranty provides coverage. (Bagley & Savage, 2010, p. 285)
Will the court in favor of Moore or the defendants? On what basis?
The court will favor the defendants. Moore was provided the proper disclaimer with regards to any implied or express warranties in which he acknowledged and signed prior to purchase. Further, Moores claim for consequential and incidental damages because the defendants exclusive remedy failed its essential purpose is also without basis as Moore failed to exhaust the possibilities of repairing the truck as he only brought the truck in twice for repairs. As a result, he abandoned the only provision of remedy provided by the seller. (Moore v. Mack Trucking, 2001)
Do you agree with the courts decision? Why or why not?
I do agree with the courts decision. The seller provided Moore the disclaimer of warranties upon presentation of the sales contract. Moore agreed at the point of sale via his signature to the terms of the agreement. (Moore v. Mack Trucking, 2001) Moore also made claims of an express warranty as a result of the sellers assurance that the transmission has been rebuilt and that this formed a basis of the bargain which then creates an express warranty. (Moore v. Mack Trucking, 2001) However, the courts majority opinion held that this issue remained a question of fact. However, in accordance with the Uniform Commercial Code Article 2 requirements, the seller made the proper disclaimer of implied warranty of merchantability in a manner considered conspicuous. Further, the seller utilizes another method of disclaimer of any implied warranties by its statement at the conclusion of the sales agreement that used vehicles are sold “As Is”. (Uniform Commercial Code Articles 2-316(2) and 2-316(3)) A precedence for the application of these requirements are also seen in a case where the Florida Court of Appeals reversed a court decision on an appeal and ruled in favor of the plaintiff as the inconspicuous “as is” disclaimer does not effectively provide for a waiver disclaimer. (Osborne v. Genevie, 1974)
Is the result in the case consistent with a Christian worldview? Why or why not?
The scriptures detail a story of the unjust judge and a widow woman who continued to come to him