Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

تمرين 15

United Taconite, LLC (United) leased a 380,000-pound, diesel-powered drill called the PV-351, manufactured by Atlas Copco Drilling Solutions LLC (ACDS). After two six-month lease periods, United purchased the drill. Deane Driscoll, a United employee, was operating the drill on a steep slope at a mine when one of the drill's leveling jacks failed and the drill tipped over. Driscoll was thrown from the cab of the drill and killed. A lawsuit ensued. United argued that there was evidence that the drill jacks contained latent defects in the form of a tendency to crack at the bolt and flange level that could not have been discovered by routine examination. ACDS alleged that United had an ample opportunity to inspect the drill during its year-long lease, and therefore that any implied warranties were disclaimed and the suit should be dismissed. Was ACDS correct? [Driscoll v. Standard Hardware Inc., 785 N.W.2d 804 (Minn. Ct. App.)]