Legal Question in Business Law in Massachusetts
Mary goes to the golf club on Sunday morning,eager to try out a new set of her golf clubs she has purchased. As she tees on the first hole, the head of her club flies off and injuries a nearby golfer.what is the issue identified?and give reasoning and analysis along with conclusion?
3 Answers from Attorneys
You should do your own homework.
Is this a law school exam question? The injured's person's best claim is agaist the store that sold the golf club. It appears that the club eas sold in a defective conition and as such, the retailer breached the warranty of merchantibilty and implied warranty for a particular purpose. In Mass there is no probity requirement and a breach of warranty, under AG regs, contitutes a per se unfair and deceptive act or practice, entitling the injured party to counsel fees and the possibilty of treble damages.
This sounds like a law school question. You should do your homework. I will give you some guidance, this involves both breach of contract and tort. Sounds like a UCC exame question.
You also have the issue of foreseeable injury and consequential damages with respect to the Injured party. Mary also has a number of claims.
Related Questions & Answers
-
What is the difference between an agreement and the "within agreement"? I... Asked 3/21/10, 10:43 am in United States Massachusetts Business Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
