Disney Case

1. Facts: Video tapeline is enter magnetically. The magnetic particles that constitute the recorded scene are bound to the tapes polyester locomotion bag. The binder that holds the particles to the base breaks down over time. This breakdown, which is called steamy rove syndrome, causes the image to deteriorate. The Walt Disney Co. do many of its movies available on tape. Buena cyclorama Home Entertainment, Inc, sell the tapes, which it described as part of a Golden aggregation or masterpiece Collection. The advertising include such educations as Give Your Children the Memories of a Lifetime- Collect from each one beatless Masterpiece! and Available for hold in Time Only! Charmaine Schreib and others who bought the tapes filed a wooing in an Illinois state romance against Disney and Buena Vista, alleging, among other things, breach of warranty. The plaintiffs claimed that the defendants selling call ind the tapes would cash in ones chips tapes would last(a) for gener ations. In reality, the tapes were as subject to sticky shed syndrome as other tapes. 2. Issue: Did the ads create and channel warranty? In whose elevate should the court find oneself on this issue? Explain. [ Schreib v. The Walt Disney Co., _N.E.2d_(I11.App. 1 Dist. 2006)] 3.

Decision: Disneys quoted statement that the tapes would last a life story led Schreib to interpret this statement as a undercoat to create an distill Warranty though his affirmation of promise of fact. Such a statement is more of an position or puffery, therefore the court would rule in favor of Disney. 4. Reason: Disneys statement that the tape would last a lifetime is bot! h opinion or puffery and cannot form an Express warranty. Also, the cost of the tapes were more than seeming under cardinal dollars thus the Magnuson-Moss Warranty Act would not impose either a Full or Limited warranty on the tapes that, from research of the sticky shed syndrome, will deteriorate. It can be said that it is a defective mathematical product in that case, which furthers the reason...If you want to get a full essay, do it on our website: OrderCustomPaper.com

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