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Non at This Time

Essay by   •  December 15, 2011  •  Essay  •  466 Words (2 Pages)  •  1,285 Views

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In the Supreme case of Keller vs. Inland Metals several points were discussed. Both parties express the reasons that they felt they should not be held responsible for the equipment and the smell was not performing at the correct level. Both parties have valid points on each of their points of view. In a court case each party will have the burden of proving that their point is the reason they are feeling this way and that they should win this case because they are correct.

The Keller's brought the lawsuit to Inland Metals because they feel that a promise Inland mortgage made was not correct. According to the Keller's Inland metals promise them that the machine that they would install would be able to handle the smell and the heat problem that they were experiencing. The promise was made not only by Inland Metals owner but one of the representatives of the machine.

The point that Inland Metals are making is that they feel no promise was ever made. The reason they feel this way is because they can not determine how customers or clients feel on certain days of the week. Overall Inland is stating the fact that the fell there was not a implied warranty. The warranty that the Keller's are referring to would never be determine.

I believe the that Keller's are correct in this situation. The onwner of Inland Metals brings help to discuss the capabilities of the machine. I believe because there was another party that was offering a larger machine and better capabilites that they need to be able to sell this machine and that is the reason that he brought one of the representative to help convivnce the Keller's that the machine would be able to handle the problems that were being present. Inland gave the Kellers a implied warranty. A express warranty is where a seller express with his or her words are actions any type of warranty.

I feel that the company did breach the express warranty that Inland owner presented. The reason that they breach the contract is because both of the original problems that they were having before are still giving them problems. The machine that Inland Marines put in was not able to handle any of the problems even after the machine was installed.

According to the Keller's neither of the problems were solved which leads back to the original problem were customers are still complaining and making them lose business. I think both the representative and the owners tried to get over on the Keller's.

Overall I think the Kellers should win this case and they were mislead by the company of the title and the machine carrier. The kellers should be reimburse so they can obtain the bigger machine which will get all the

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