Coach Johnson Understanding Business and Personal Law.
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Transcript of Coach Johnson Understanding Business and Personal Law.
Coach JohnsonUnderstanding Business and Personal Law
What is the UCC and what is its purpose?
What is a warranty? What happens when a sales contract is
breached? Why is it necessary for consumers to
be protected against unethical practices?
How are businesses liable for products sold to consumers?
UCC (Uniform Commercial Code) Business statutes
Combine commerce laws = Single unified code▪ Simplified, clarified, and modernized laws ▪ All relate to commercial transactions
(Buying/Selling)View the UCC
▪ Governs: ▪ Oral▪ Written▪ Internet Sales▪ Also some leasing of Goods (Tuxedos, Cars, etc)
Formation of ContractsWarranties and Product Liability
Express Warranties1. Statement of fact or promise by seller
a) “This car is fully functional and working”2. Description of goods
a) “Will not burn or irritate skin”3. Use of sample or model
a) “See Picture A for example” Written Warranties
$15 or more (must be given) (what is an example?)
▪ 15 days, 30 days, 90 days, 1 year, etc Why?
Implied Warranties Not written Only goods, not services Must have seller, buyer, good, price
Three Types:1. Warranty of Fitness for a particular purpose
a) Ask store clerk for assistance in buying correct paint2. Warranty of Merchantability
a) Properly packaged, made3. Usage of Trade
1. Items are equal and in the condition stated2. Ex: Stolen Items, Liens, No Paperwork, etc
Magnuson-Moss Warranty Act Involve Interstate commerce Buy and Sell across states Product over $10 and sold across states
Must express one of the two:1.Full – Fix or Replace2.Limited - Anything Below Full (parts, not
labor)
Caveat Emptor vs. Caveat VenditorWhat questions to ask?
Where are they manufactured? Do they perform as advertised (how do
you know) Is it worth the cost/risk?
Retailer Wal-Mart Best Buy
Manufacturer Microsoft Norelco
Federal Trade CommissionBetter Business BureauCourts
Do not have to give Warranty but; Seller must refrain from making any
express warranties Use appropriate language that will
exclude implied warrantiesExample: Disclaimer
A product you bought was defective The company clearly stated warranty or; The company implied product was
something it was not Compose a one-page Business Letter
to company Describe complaint, argument (find the
actual companies warranty), solution, and conclusion to letter. Make sure to stick to Business Letter format.
Bring in a product that represents a “claim” Best Shampoo on market Better 3G coverage Funnier than “The Hangover”
You have two days to bring in your product, and you will have to explain it to class for a daily grade
Cease and Desist OrdersBait and SwitchUnordered Merchandise
Sample or Gift Cannot send a Bill
Must ship within stated time 30 days if not stated Contract/Order can be cancelled it not
Item must be as described Cannot be a “representation” of
something or replica unless stated
If injured from a product Can recover damages for loss
Strict: Manufacturer sold product (not another
buyer) Product unreasonably dangerous Defect caused injury Defect was not caused by user Harm came from use
Must bear name of Manufacturer Can’t be sold after date Common name must be given Can remove at anytime if proved to be
harmful Ways to discourage some products:
High Taxes (Cigarettes and Alcohol) Warning Labels (Cigarettes, Cough Syrup,
etc) Prohibition (Cigarette ads)
A B C’s of Federal Trade Commission Poster
Partners Given