Business Law: Which of the injured parties may recover damages under the U.C.C.and why Custom Essay
(1) You want to purchase a gas barbecue grill from a national chain store. You are planning a big party and you want to buy a product that will allow you to cook for at least 30 people. You and your best friend Pat go to the store together. The salesperson in the store hears you talking to Pat and suggests the Grill Master 12000 grill and explains that some assembly is required. You have already been considering this grill after seeing a display board in the store showing the same grill with what looks like at lest 50 hamburgers and hot dogs on the top of the grill. You ask the salesperson whether you should pay someone to assemble the grill for you. The salesperson says that “the grill is really easy to put together and safe too” The salesperson also tells you that the grill will easily cook for 50 guests. You and your friend Pat assemble the grill and hook up the propane gas tank. On the day of the party you put 20 burgers and 20 hot dogs on the grill and the grill catches fire, explodes, injures you, Pat, two guests, a neighbor’s dog and a bike messenger riding by your house. Your house is also heavily damaged by the explosion and fire. An expert tells you that two (2) problems contributed to the explosion of the grill and the fire — a mistake in the assembly and overloading of the grill with too much greasy food. What U.C.C. Article 2 rules are applicable to this case and why? Which of the injured parties may recover damages under the U.C.C.and why? How about the damage to the house? The dog? (2) You have formed a business for the purpose of promoting major entertainment events and making a profit with your two best friends Corey and Elizabeth. You are going to put up most of the money, Corey is going to be in charging of promoting your business and Elizabeth is going to host events to attract investors. You are going to share profits equally. Your business advisor suggests you form a corporation and says she will take care of this for you. Stationery is printed with the name ‘Superstars Ventures, Ltd.’ and a stadium deal is signed by you and Corey, renting Fenway Park for $5 million dolars in May for your first big event — a concert featuring Radonna and your own song stylings. A week before the concert you are arrested, and Radonna promptly cancels. The concert is cancelled. Corey files bankruptcy. You are sued for the $5 million in unpaid Fenway rent. Your business advisor tells you that she is not sure that the corporate filing has been accepted. Elizabeth claims she knew nothing about any of the concert plans including the leasing of Fenway. What kind of business do you have? What do you think will happen? Identify as many issues as you can in the time allowed and make sure you state the [law] legal basis for your arguments.
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