ADMS 2610 Study Guide - Midterm Guide: Rescission, Toyota Electronic Modulated Suspension, Limited Liability Partnership

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Adms 2610, sections b practice exercises part 1. Contracts: a retailer of digital watches wants to order new watches from their manufacturer for per watch. The manufacturer takes older watches; some do not work, repairs them and cleans them up making them look like new. These watches are shipped to the retailer, who pays for them on delivery. On receipt of the watches, the retailer immediately realizes that they are not new, but having advertised them for sale, tries to fix them up without success. The retailer then contacts the manufacturer cancelling the contract and asking for its money back, but the manufacturer refuses. Fraudulent misrepresentation- false statement by manufacturer that knew he wasn"t selling new watches; remedy: rescission + damages; contract: voidable on incident party decision. Clause is not specific and does not protect carrier, it does not say damages caused by negligence: a charitable organization seeks donations from the public.

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