Question: #9364

MGMT520 Week 3 Discussion 1 Legal Claims and Defenses Breach of Warranty

MGMT520 Week 3 Discussion 1 Legal Claims and Defenses Breach of Warranty Breach of Warranty (graded) Arvo Lake, a retired 71-year-old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer’s specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake’s residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory failure and then death. The executor of Lake’s estate sued the manufacturer of the air conditioner for damages resulting from breach of warranty. Which warranties, if any, has the manufacturer of the air conditioner breached? For a manufacturer to be liable for consequential damages caused by a breach of warranty, the consequential damages must be foreseeable to the manufacturer. Was Lake’s death a foreseeable consequence of the air conditioner’s failure to operate properly? When an individual is injured, there are often several possible legal claims that can be brought against the wrongdoer. The law of product liability is about ensuring that consumers have recourse if they are injured by an unreasonably dangerous defective product. Manufacturers must understand their potential liability in the event their products are defective and personal injuries occur as a result. The law of negligence is about ensuring that individuals or entities that do not adhere to a “reasonable standard of care” can be held liable for harm they cause. Last, the law of warranty protects consumers and holds product manufacturers responsible for standing by their product warranties. As you look at the Arvo Lake situation, what legal claims do you believe his estate can file on his behalf? Provide support for your answer. Are there different claims that can be brought since he died versus merely suffering injury?
Solution: #9401

MGMT520 Week 3 Discussion 1 Legal Claims and Defenses Breach of Warranty

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