Priscilla, who worked for a dry cleaner, came up with a great new idea for a type of press that speeded up the process immensely. She quit her job, hired labor and purchased materials, and manufactured a number of the presses. She sold the presses to her friend Phil for resale. Phil began advertising and distributing the press, but was notified by ABC Company that the sales violated its patent. After investigation, Phil determined that ABC had the better argument and demanded that Priscilla refund the purchase price. Priscilla declined on the basis that she had no idea that a patent on a similar press was in existence. Who will likely win the dispute and why?
A) Phil will likely win because Priscilla violated the implied warranty of merchantability.
B) Phil will likely win because Priscilla violated the implied warranty of fitness for a particular purpose.
C) Phil will likely win because Priscilla violated the warranty of title.
D) Priscilla will likely win because she had no knowledge of any previous patent.
E) Priscilla will likely win both because she had no knowledge of any previous patent and also because the duty was on Phil to investigate whether any patents existed prior to his purchase of the presses.
Correct Answer:
Verified
Q26: Which is true regarding a buyer's right
Q71: Which of the following is true regarding
Q78: Assuming a buyer that is insolvent has
Q79: Which option have most states adopted regarding
Q82: When does the UCC allow buyers and
Q83: Reference - New Furniture. Penny purchased $3,000
Q84: Which of the following was the result
Q85: Which of the following is true under
Q85: Reference - Boat Tow. Donnie went to
Q86: Ann chipped a tooth on a peach
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents