Essay on "Case Law Examination"
Essay 2 pages (633 words) Sources: 3
[EXCERPT] . . . .
Issues:The question raised by this case concerns whether or not it should be considered reasonable for a buyer to notify a seller of a breach after a lengthy duration of time has elapsed in the interim, and when an independent investigation is necessary to determine that said breach has indeed occurred?
Analysis:
Steve Orand, a representative of PSA, testified that the damage to the plaintiff's Mickey Mantle baseball card was clearly evident, as were signs that efforts had been made to conceal such damage from potential buyers. Orand also testified that in the sports memorabilia industry lifetime guarantees are considered standard, especially when the item procured is especially rare or valuable. The court found that the plaintiff had notified the defendant promptly after becoming aware that the card was altered -- and thus devoid of value -- and that the plaintiff had notified the defendant as to the nature of the defect within a reasonable time after discovery was made. In the case of Cao v. Nguyen No. S-98-975 (2000), this court ruled that "a party is justified in relying upon a representation made to the party as a positive statement of fact when an investigation would be required to ascertain its falsity." Thus, for the plaintiff to make an accurate determination that the card had been tampered with, he must conduct a timely and relevant investigation into the matter. However, this court ruled that the plaintiff was not required to conduct such an investigation, because upon discovering that the card had been altered, he provided immediate notice to the defendant.
Holding:
Yes, it is reasonable for a b
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References
Cao v. Nguyen No. S-98-975 (2000)
Fitl v. Strek… READ MORE
Quoted Instructions for "Case Law Examination" Assignment:
“Just need to get a case study for my Business Law Class together about this case that I have uploaded. Thank you for your time
How to Reference "Case Law Examination" Essay in a Bibliography
“Case Law Examination.” A1-TermPaper.com, 2014, https://www.a1-termpaper.com/topics/essay/legal-case-study-analysis/4884615. Accessed 27 Sep 2024.
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