Free Essay

Case Study: Keller V. Inland Metals

In: Business and Management

Submitted By Beyth
Words 496
Pages 2
Beyth-Shan Yodhhewawhe
Unit 2: Case Study
AC502: Regulation
Case Study: Keller v. Inland Metals
Kaplan University
June 21, 2014

Case Study: Keller v. Inland Metals
Express warranty can take numerous diverse procedures, whether verbal or written, and is chiefly an assurance that the merchandise will come across an assured side by side of value and dependability. If the merchandise flops in this esteem, the producer will repair or substitute the merchandise for no supplementary responsibility. Various such guarantees are written on a merchandise's packaging or completed obtainable as a choice. (Findlaw.com, 2014).
In the case, of Keller v. Inland Metals All Weather Conditioning, Inc. as to whether did Inland make an express warranty and did the company breach it, is that yes Inland Metals did make an express warranty and therefore breach the contract. This can be seen in the communication between the two parties, that shows Inland Metals assured Keller that their dehumidifier would work and even wrote them a follow-up letter telling Keller what the product was capable of doing.
And after reviewing and reading the case, we can see that Keller was in need of dehumidifier because the indoor swimming pool in athletic club they owned was giving off a hot, humid and odor according to the customers. Therefore, the Keller’s went shopping for dehumidifiers.
The Keller was not familiar with what size dehumidifier they needed for the job so they contacted two contractors and one contractor offer a 10 ton dehumidifier for $40,000 and Inland offer 7.5 for $30,000. Moreover, the Keller’s was worried that the 7.5 ton dehumidifier would not do the job because of its size. As a result, Inland’s president came out and took a look at the club and assured them that 7.5 ton dehumidifier was guarantee too get the job done. The Keller’s agree and brought the $30,000 dehumidifier from Inlands and had it install. This was warranted and promise to correct the problem Keller face in the club like the bad smell and humidity. However, the Keller’s later found out that the 7 1/2 -ton dehumidifier did not correct the complications of clamminess besides odor. This is due to the fact that the dehumidifier was just not big enough to complete this action for the pool area. The dehumidifier did not have any problems or malfunctions; but it was too small to perform the intentions proposed. Therefore, Keller’s are entitled to receive recover damages and reject the dehumidifier under the Uniform Commercial Code (UCC), which is the variation among the retail price in addition to the agreement price as well as collect compensation for incidental and consequential damages that occur.

References
Beatty, J. F., Samuelson, S. S., & Bredeson, D. A. (2013). Introduction to business law (4th ed.). Mason, OH: South-Western Cengage Learning.
Findlaw.com. (2014). What are Express and Implied Warranties? http://consumer.findlaw.com/consumer-transactions/what-are-express-and-implied-warranties.html

Similar Documents

Premium Essay

Case Study for Keller V. Inland Metals All Weather

...Case study for Keller V. Inland Metals All Weather Unit 2 Assignment 1 Prof. Elaine Lerner By: Meghna Tanna Date: February 21st, 2015 Facts of the case: Keller (plaintiff) installed a dehumidifier costing $30,000 from Inland Metals Weather Conditioning, Inc. All Metal was contacted by Keller as they had some issues of foul smelling near the pool and the air near the pool was hot and humid. But after the defendant (All Metal) installed a de-humidifier near the pool to treat the quality of the air, they still had same complaints as they did before they installed it. So Keller sued and trial court found that inland had breached an express warranty. A warranty is a contractual assurance that the goods will meet certain standards. It is usually a seller or manufacturer who gives it to a buyer and buyer relies on it. A warranty could be oral or written or both at same time reassuring the buyer of his contractual agreement. And EXPRESS WARRANTY is one that the seller creates with his words or actions. Whenever a seller clearly indicates that goods being sold will meet certain standards, seller has created an Express Warranty. Seller is bound by the his words and actions. So when All Metal sold a de-humidifier to Keller, they thoroughly explained the functionality of their product to Keller. That is Express warranty created by words. The problem of hot and humid air, foul smelling and water beads is very common and de-humidifier will be able to treat the air and make customers...

Words: 557 - Pages: 3

Free Essay

Keller V. Inland Metals All Weather Conditioning, Inc Case Study

...CASE STUDY: IMPLIED WARRANTY In this paper, Keller v. Inland Metals All Weather Conditioning, Inc. case will be reviewed to determine if Inland Metals made an express warranty and if they breached it. A warranty is “a guarantee that goods will meet certain standards” (Beatty, 2008, p.231). Warranties can be written or an oral agreement that is given by the seller or manufacturer to the buyer. When the seller’s actions or words convey that the goods will meet specific criteria, it is an express warranty. To take it one more step further, when “the seller knows that the buyer plans to use the goods for a particular purposes, the seller generally is held to warrant that the goods are in fact fit for that purpose” (Beatty, 2008, p.233) is called an implied warranty of fitness for a particular purpose. Please refer to Beatty (2008) textbook for a summary of Keller v. Inland Metals All Weather Conditioning, Inc. case on page 231. The Keller’s solicited a request for proposal from Inland and another contractor to address the hot, humid, and foul smelling air in their pool area at their fitness club. When Inland’s proposal came back at a lower cost for a 7 ½-ton dehumidifier, they were concerned about the performance of this unit as the other contractor recommended a 10-ton dehumidifier. Inland’s president and a representative from the machine’s manufacturer came back and reassess the use of the 7 ½ ton dehumidifier for the Keller’s pool area. When Inland’s president sent...

Words: 462 - Pages: 2

Free Essay

Implied Warranty

...CASE STUDY: IMPLIED WARRANTY Case Study: Implied Warranty In this paper, Keller v. Inland Metals All Weather Conditioning, Inc. case will be reviewed to determine if Inland Metals made an express warranty and if they breached it. A warranty is “a guarantee that goods will meet certain standards” (Beatty, 2008, p.231). Warranties can be written or an oral agreement that is given by the seller or manufacturer to the buyer. When the seller’s actions or words convey that the goods will meet specific criteria, it is an express warranty. To take it one more step further, when “the seller knows that the buyer plans to use the goods for a particular purposes, the seller generally is held to warrant that the goods are in fact fit for that purpose” (Beatty, 2008, p.233) is called an implied warranty of fitness for a particular purpose. Please refer to Beatty (2008) textbook for a summary of Keller v. Inland Metals All Weather Conditioning, Inc. case on page 231. The Keller’s solicited a request for proposal from Inland and another contractor to address the hot, humid, and foul smelling air in their pool area at their fitness club. When Inland’s proposal came back at a lower cost for a 7 ½-ton dehumidifier, they were concerned about the performance of this unit as the other contractor recommended a 10-ton dehumidifier. Inland’s president and a representative from the machine’s manufacturer came back and reassess the use of the 7 ½ ton dehumidifier for the Keller’s pool area...

Words: 466 - Pages: 2

Free Essay

Keller V. Inland Metals All Weather Conditioning, Inc.

...A CASE STUDY KELLER v. INLAND METALS ALL WEATHER CONDITIONING, INC. You be the Judge Cindi Garlington 5/13/2013   An express warranty is one that the seller creates with his words or actions (Beatty, 2008). If a seller clearly says that the goods will meet certain standards, he has implied warranty. In the case of Brian and Clarice Keller, Inland has definitely implied a warranty by assuring the 7.5 dehumidifier would work both by the representative and the president of the company. The president then wrote a letter to the Keller’s stating that “This ducted system will rid you of the sweating walls and eliminate those offensive odors, and overall ‘bad air’.” He then went on to tell them that other indoor pools have had the same problem and their problems were eliminated by using one of these systems. The president then assured him that the air problems should be over and customers should be satisfied and happy. Just the word “should” could cause problems for the Keller’s in the written word from the president. Orally he had said the ducted system would work so the express warranty has definitely been made. I found this case rather interesting because to me it was so obvious that the express warranty was there and there was no real reason to have to take it to court. I looked up online and found out the court’s rulings on the case. This is what I summarized from the ruling. An express warranty by the seller can be created by any affirmation of...

Words: 490 - Pages: 2

Free Essay

Keller vs Inland Metals All Weather Conditioning, Inc

...Case Study #2 Tyrone Burnett Kaplan University Case Study #1 Key Issues In the case of Keller vs Inland Metals All Weather Conditioning, Inc. Keller installed an indoor swimming pool in the athletic club they owned and customers began to complain about the air near the pool was hot, humid, and foul smelling (Beatty 2013). Two companies submitted bids one for a 7 1/2 –ton dehumidifier for about $30K and another 10 ton dehumidifier machine for about $40K. Keller was unsure if the 7 ½ ton dehumidifier might be too small. Inland’s president and another representative visited the club and assured Keller the 7 ½ ton dehumidifier would work and submitted a letter stating the same thing. Later, Keller still had the same problem and complaints about the air near the pool being hot, humid, and foul smelling. Keller decided to sue. Analysis 1 When you look at warranties it is a contractual assurance that goods will meet certain standards (Beatty 2013). As the text state, an express warranty is one that the seller creates with his words and actions (Beatty 2013). There was a breach and an express warranty was made. Keller had a problem that the 7 ½ ton dehumidifier was too small. Inland sent the president and a representative and orally told Keller that the 7 ½ ton dehumidifier would work. Inland also wrote in a letter stating “this ducted system will rid you of the sweating walls and eliminate those offensive odors, and overall bad air. The text also states, whenever...

Words: 445 - Pages: 2

Premium Essay

Population Ecology of Some Warblers of Northeastern Coniferous Forests.

...Marine Litter Distribution and Density in European Seas, from the Shelves to Deep Basins Christopher K. Pham1,2*, Eva Ramirez-Llodra3,4, Claudia H. S. Alt5, Teresa Amaro6, Melanie Bergmann7, ¸ Miquel Canals8, Joan B. Company3, Jaime Davies9, Gerard Duineveld10, Francois Galgani11, 9 12 1,2 Kerry L. Howell , Veerle A. I. Huvenne , Eduardo Isidro , Daniel O. B. Jones12, Galderic Lastras8, ´ ˆ Telmo Morato1,2, Jose Nuno Gomes-Pereira1,2, Autun Purser13, Heather Stewart14, Ines Tojeira15, 8 16 5 Xavier Tubau , David Van Rooij , Paul A. Tyler 1 Center of the Institute of Marine Research (IMAR) and Department of Oceanography and Fisheries, University of the Azores, Horta, Portugal, 2 Laboratory of Robotics `ncies del Mar (ICM-CSIC), Barcelona, Spain, 4 Norwegian Institute for Water Research and Systems in Engineering and Science (LARSyS), Lisbon, Portugal, 3 Institut de Cie (NIVA), Marine Biology section, Oslo, Norway, 5 Ocean and Earth Science, University of Southampton, National Oceanography Centre, Southampton, United Kingdom, ¨ 6 Norwegian Institute for Water Research, Bergen, Norway, 7 Alfred-Wegener-Institut, Helmholtz-Zentrum fur Polar- und Meeresforschung, Bremerhaven, Germany, 8 GRC `ncies Marines, Departament d9Estratigrafia, Paleontologia i Geocie `ncies Marines, Facultat de Geologia, Universitat de Barcelona, Campus de Pedralbes, Barcelona, Geocie Spain, 9 Marine Biology & Ecology Research Centre, Marine Institute, Plymouth University, Plymouth, United Kingdom, 10 Netherlands...

Words: 10668 - Pages: 43

Premium Essay

Nanotechnology Applications for Clean Water Solutions for Improving

...NaNotechNology applicatioNs for cleaN Water Micro & NaNo TechNologies series editor: Jeremy ramsden Professor of Nanotechnology Microsystems and Nanotechnology Centre, Department of Materials Cranfield University, United Kingdom the aim of this book series is to disseminate the latest developments in small scale technologies with a particular emphasis on accessible and practical content. these books will appeal to engineers from industry, academia and government sectors. for more information about the book series and new book proposals please contact the publisher, Dr. Nigel hollingworth at nhollingworth@williamandrew.com. http://www.williamandrew.com/MNt NaNotechNology applicatioNs for cleaN Water edited by Nora savage Office of Research and Development, US Environmental Protection Agency and (in alphabetical order) Mamadou Diallo Materials and process simulation center, Division of chemistry and chemical engineering, california institute of technology Jeremiah Duncan Nanoscale Science and Engineering Center, University of Wisconsin-Madison anita street Office of Research and Development, US Environmental Protection Agency and Center of Advanced Materials for the Purification of Water with Systems, University of Illinois at Urbana-Champaign richard sustich N o r w i c h , N Y, U S A copyright © 2009 by William andrew inc. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying...

Words: 90139 - Pages: 361

Free Essay

Whirlpool

...employmentnews.gov.in 21 Union Public Service Commission EXAMINATION NOTICE NO. 04/2012-CSP DATED 11.02.2012 (LAST DATE FOR RECEIPT OF APPLICATIONS : 05.03.2012) CIVIL SERVICES EXAMINATION, 2012 (Commission's website - http://www.upsc.gov.in) F. No. 1/4/2011-E.I(B) : Preliminary Examination of the Civil Services Examination for recruitment to the Services and Posts mentioned below will be held by the Union Public Service Commission on 20th May, 2012 in accordance with the Rules published by the Department of Personnel & Training in the Gazette of India Extraordinary dated 4th February, 2012. (i) Indian Administrative Service. (ii) Indian Foreign Service. (iii) Indian Police Service. (iv) Indian P & T Accounts & Finance Service, Group ‘A’. (v) Indian Audit and Accounts Service, Group ‘A’. (vi) Indian Revenue Service (Customs and Central Excise), Group ‘A’. (vii) Indian Defence Accounts Service, Group ‘A’. (viii) Indian Revenue Service (I.T.), Group ‘A’. (ix) Indian Ordnance Factories Service, Group ‘A’ (Assistant Works Manager, Administration). (x) Indian Postal Service, Group ‘A’. (xi) Indian Civil Accounts Service, Group ‘A’. (xii) Indian Railway Traffic Service, Group ‘A’. (xiii) Indian Railway Accounts Service, Group 'A'. (xiv) Indian Railway Personnel Service, Group ‘A’. (xv) Post of Assistant Security Commissioner in Railway Protection Force, Group ‘A’ (xvi) Indian Defence Estates Service, Group ‘A’. (xvii) Indian Information Service (Junior Grade), Group ‘A’. (xviii) Indian...

Words: 50586 - Pages: 203

Premium Essay

Jared Diamond Collapse

...Panchsheel Park, New Delhi—110 017, India Penguin Group (NZ), Cnr Airborne and Rosedale Roads, Albany, Auckland 1310, New Zealand (a division of Pearson New Zealand Ltd) Penguin Books (South Africa) (Pty) Ltd, 24 Sturdee Avenue, Rosebank, Johannesburg 2196, South Africa Penguin Books Ltd, Registered Offices: 80 Strand, London WC2R ORL, England First published in 2005 by Viking Penguin, a member of Penguin Group (USA) Inc. 13579 10 8642 Copyright © Jared Diamond, 2005 All rights reserved Maps by Jeffrey L. Ward LIBRARY OF CONGRESS CATALOGING IN PUBLICATION DATA Diamond, Jared M. Collapse: how societies choose to fail or succeed/Jared Diamond. p. cm. Includes index. ISBN 0-670-03337-5 1. Social history—Case studies. 2. Social change—Case studies. 3. Environmental policy— Case studies. I. Title. HN13. D5 2005 304.2'8—dc22 2004057152 This book is printed on acid-free paper. 8 Printed in the United States of America Set in Minion Designed by Francesca Belanger Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or...

Words: 235965 - Pages: 944

Premium Essay

Case Study

...1.1 Background of the Study: Interest in the concept and practice of nation branding has proliferated in recent years, as more and more governments around the world attempt to attach the power of commercial branding techniques in order to improve their country’s image and reputation across a wide range of sectors. Bangladeshis have a persistent grievance that Bangladesh is not justly portrayed in international forums. It has become commonplace for the country to be associated with natural calamities, wavering political situation, corruption and other negative attributes. So, it is necessary to remove the negative perception about Bangladesh & to spread out the positive news to enhance the image of Bangladesh in the world. 1.2 Broad Objective: The main objective of the study is to understand the perceptions of foreigners & native people about Bangladesh & to find the possible ways that will enhance the image of Bangladesh globally. 1.3 Specific Objectives: Under a broad objective the study focused on some several activities for comprehending an overall review. * To identify the problems that Bangladesh faces in tourism industry. * To find the tourist spots those are renowned globally & domestically. * To identify the solution that will lessen the problems in tourism industry. * To find the awareness of people about the culture of Bangladesh. * To understand the perception of native people and foreigners about the people of Bangladesh...

Words: 17374 - Pages: 70

Free Essay

Estadyguade

...Study Guide to Accompany Meggs’ History of Graphic Design Fourth Edition Prepared by Susan Merritt Professor and Head of Graphic Design School of Art, Design, and Art History San Diego State University (SDSU) With assistance from Chris McCampbell and Jenny Yoshida John Wiley & Sons, Inc. i DISCLAIMER The information in this book has been derived and extracted from a multitude of sources including building codes, fire codes, industry codes and standards, manufacturer’s literature, engineering reference works, and personal professional experience. It is presented in good faith. Although the authors and the publisher have made every reasonable effort to make the information presented accurate and authoritative, they do not warrant, and assume no liability for, its accuracy or completeness or fitness for any specific purpose. The information is intended primarily as a learning and teaching aid, and not as a final source of information for the design of building systems by design professionals. It is the responsibility of users to apply their professional knowledge in the application of the information presented in this book, and to consult original sources for current and detailed information as needed, for actual design situations. This book is printed on acid-free paper. Copyright © 2006 by John Wiley and Sons. All rights reserved Published by John Wiley & Sons, Inc., Hoboken, New Jersey Published simultaneously in Canada No part of this publication may be reproduced...

Words: 54497 - Pages: 218

Premium Essay

Job Development

...JOB DEVELOPMENT ESSENTIALS Laura Wyckoff Carol Clymer a guide for job developers Second Edition A PUBLICATION OF PUBLIC/PRIVATE VENTURES JOB DEVELOPMENT ESSENTIALS A Guide for Job Developers Second Edition Laura Wyckoff Carol Clymer Second Edition © copyright 2005. Public/Private Ventures. All rights reserved. 2 JOB DEVELOPMENT ESSENTIALS Acknowledgments .............................................................................. 6 Developers, Writers, and Funders........................................................ 7 About Job Development Essentials......................................................... 9 Before You Begin ............................................................................. 11 CHAPTER 1: LAYING THE GROUNDWORK ............................................. 13 Preparation Checklist Educating Yourself Resources for Research Starting a Dialogue Tips for Preparing Preparing an Attitude Planning for Initial Contact Common Mistakes About Your Performance CHAPTER 2: MAKING INITIAL CONTACTS .............................................. 25 Six Facts A True Story Outline for an Initial Call Keep the Dialogue Going Steps for Handling Objections Determining Needs, Offering Services Getting the Specifics Employer Contact Record Checklist for a Site Visit Common Mistakes About Your Performance table of CONTENTS PAGE 1 OF 3 JOB DEVELOPMENT ESSENTIALS 3 table of CONTENTS PAGE 2 OF 3 CHAPTER 3: DEVELOPING THE EMPLOYER...

Words: 24387 - Pages: 98

Premium Essay

Multinational Corporation

...Multinational Corporations and Foreign Direct Investment This page intentionally left blank Multinational Corporations and Foreign Direct Investment Avoiding Simplicity, Embracing Complexity Stephen D. Cohen 1 2007 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright # 2007 by Oxford University Press Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Cohen, Stephen D. Multinational corporations and foreign direct investment: avoiding simplicity, embracing complexity / Stephen D. Cohen. p. cm. Includes index. ISBN-13 978-0-19-517935-4; 978-0-19-517936-1 (pbk.) ISBN 0-19-517935-8; 0-19-517936-6 (pbk.) 1. International...

Words: 160016 - Pages: 641

Premium Essay

Mass Media

...Media History Contents 1 Introduction 1.1 Mass media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 Issues with definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms of mass media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professions involving mass media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Influence and sociology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ethical issues and criticism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Future . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See also . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 2 6 6 7 8 10 10 10 10 11 11 12 12 12 12 16 16 17 17 17 17 17 17 18 19 20 21 21 21 1.1.10 Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.11 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.12 Further reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.13 External links . . . . . . . . ....

Words: 146891 - Pages: 588

Premium Essay

Law of Trust

...Consolidated Reader-Friendly Edition of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as amended by the Treaty of Lisbon (2007) 2008 1 THE LISBON TREATY The Readable Version Editor: Jens-Peter Bonde © IND/DEM Group in the European Parliament email: jp@bonde.dk Cover: Henry Abela Publisher: Foundation for EU Democracy Printed at Notat Grafisk, Denmark - 2008 ISBN: 87-87692-72-4 EAN: 978-87-87692-72-4 2 Introduction The Treaty of Lisbon changed name from the "Reform Treaty" when it was amended and signed in Lisbon, Portugal, by the prime ministers and foreign ministers of the 27 EU Member States on 13 December 2007. The treaty retains most of the content of the proposed EU Constitution which was rejected in the French and Dutch referendums on 29 May and 1 June 2005, respectively. The Lisbon Treaty amends the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC), which is renamed "Treaty on the Functioning of the European Union" (TFEU). Following the parliamentary ratification of the Lisbon Treaty by all Member States by the end of 2008, it is aimed to have the Treaty come into force on 1 January 2009. Whereas the EU Constitution was to be subjected to a referendum in ten Member States, only Ireland is holding a referendum on the Lisbon Treaty. This is a consolidated version of the Treaty of Lisbon, including all articles in the TEU and the TFEU as amended by the Treaty...

Words: 176192 - Pages: 705