Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 10

Facts
The Ridgeway Theater purchased a large air-conditioning system from Blair Manufacturing Co. The system was purchased and installed in May, prior to the start of the summer season. The sales contract contained a statement that the system would provide sufficient cooling for 1,500 people to a maximum temperature of 72 degrees. The statement further said, "The seller makes no express warranties for this product." At the beginning of June, it became apparent to Ridgeway that the system did not work properly; it provided cool air, but not enough to enable patrons to be fully comfortable. Ridgeway complained to Blair about the air-conditioning system and withheld payment but continued to use the machine during the summer months because there was not enough time to order another system; without any air conditioning at all, the theater would have had to close down. All efforts to repair the system failed, and at the end of the summer, Ridgeway demanded that Blair take the machine back. Blair refused to accept the machine and brought suit against Ridgeway for the purchase price.
At Trial
Ridgeway testified that the temperatures during the summer in the area where the theater was located were extremely warm and that air conditioning was absolutely essential to enable customers to feel comfortable during the showing of movies. The theater stated that it relied on the wording in the sales contract that the system would produce sufficient cooling. It further stated that it could not return the air-conditioning system immediately after delivery because the theater would have had to close down and lose its customers for the entire summer. The theater also stated that returning a large system involved a great deal of effort and expense and that it did not want to return the system until it had obtained significant use from it.
Blair's attorney argued that the specific wording in the sales contract disclaiming any express warranties prevented Ridgeway from claiming that the system was defective. They further argued that the theater should have returned the system immediately when it discovered that the system was faulty. They also argued that the theater gave up its right to rescind the contract and return the system. Ridgeway's attorneys argued that because of the size and weight of the system and the costs involved in returning it, Ridgeway had a legal right to use the system for a reasonable amount of time and then return it. They further argued that the statement in the sales contract that the system would produce sufficient cooling outweighed the importance of the statement that there were no express warranties. The theater also argued that by keeping the machine and getting some benefit from it, it was able to mitigate its damages. Otherwise, the theater could have held the manufacturer responsible for the loss of profits.
Questions
1. Who had the stronger arguments, Ridgeway or Blair? Why?
2. If you were the judge or jury hearing the case, for whom would you decide on the question of the warranty? Why?
3. I f you were the judge or jury hearing the case, for whom would you decide on the question of the right to rescind the contract? Why?