Cuyamaca College the Case of the Faulty Air Conditioning System Essay
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages To Order 5-10 Pages
The Case of the Faulty Air-Conditioning System
The Grove Theater purchased a large air-conditioning system from Acme Manufacturing Co. for its 1,000 seat facility. The system was purchased and installed in April, prior to the start of the summer season. The sales contract contained a statement that the system would provide sufficient cooling for 1,500 people to a maximum temperature of 72 degrees. The statement further said, “The seller makes no express warranties for this product.” At the beginning of June, it became apparent to Grove that the system did not work property; it provided cool air, but not enough to enable patrons to be fully comfortable. Grove complained in writing to Acme about the air-conditioning system and withheld payment but continued to use the machine during the summer months because there was not enough time to order another system; without any air conditioning at all, the theater would have had to close down. All three efforts by Acme to repair the system failed, and at the end of the summer, Grove demanded that Acme take the machine back. Acme refused to accept the machine and brought suit against Grove for the purchase price.
Grove testified that the temperatures during the summer in the area where the theater was located were extremely warm and that air conditioning was absolutely essential to enable patrons to feel comfortable during the showing of movies. The theater stated that it relied on the wording in the sales contract that the system would produce sufficient cooling. It further stated that it could not return the air-conditioning system immediately after delivery because the theater would have had to close down and lose its customers for the entire summer. The theater also stated that returning a large system involved a great deal of effort and expense and that it did not want to return the system until it had obtained significant use from it.
The Arguments at Trial
Acme’s attorney argued that the specific wording in the sales contract disclaiming any express warranties prevented Grove from claiming that the system was defective. They further argued that the theater should have returned the system immediately when it discovered that the system was faulty. They also argued that when the theater used the system for three months, and received many benefits from it, it automatically gave up its right to rescind the contract and return the system.
Grove’s attorneys argued that because of the size and weight of the system and the costs involved in returning it, Grove had a legal right to use the system for a reasonable amount of time and then return it. They further argued that the statement in the sales contract that the system would produce sufficient cooling outweighed the importance of the statement that there were no express warranties. The theater also argued that by keeping the machine and getting some benefit from it, it was able to mitigate its damages. Otherwise, the theater could have held the manufacturer responsible for the loss of profits.
Questions to Decide:
- Who has the stronger arguments, Grove or Acme? Why?
- You are the jury hearing the case, for whom would you decide on the question of the alleged warranty? Why?
- You are the jury hearing the case, for whom would you decide on the question of the right to rescind the contract? Why?
- What do you think the law should be with regard to a problem of this nature involving something that is not easily returnable?
ANSWER THE FOLLOWING IN 1-2 paragraphs
2 replies need to be done for other peers
Quality of Response No Response Poor/Unsatisfactory Satisfactory Good Excellent Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. The can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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