Disney Case

1. Facts: Video tapeline is put down magnetically. The magnetic particles that constitute the recorded scene are bound to the tapes polyester locomotion bag. The binder that holds the particles to the base breaks down over time. This breakdown, which is called steamy swing syndrome, causes the image to deteriorate. The Walt Disney Co. do many of its movies available on tape. Buena purview Home Entertainment, Inc, sell the tapes, which it described as part of a Golden aggregation or masterpiece Collection. The advertising include such educations as Give Your Children the Memories of a Lifetime- Collect separately cadenceless Masterpiece! and Available for hold in Time Only! Charmaine Schreib and others who bought the tapes filed a wooing in an Illinois state speak to against Disney and Buena Vista, alleging, among other things, breach of warranty. The plaintiffs claimed that the defendants selling foretelld the tapes would cash in ones chips tapes would experience fo r generations. In reality, the tapes were as subject to sticky shed syndrome as other tapes. 2. Issue: Did the ads create and channel warranty? In whose estimation should the court find oneself on this issue? Explain. [ Schreib v. The Walt Disney Co., _N.E.2d_(I11.App. 1 Dist. 2006)] 3.

Decision: Disneys quoted statement that the tapes would last a lifespan led Schreib to interpret this statement as a case to create an converse Warranty though his affirmation of promise of fact. Such a statement is more of an imprint or puffery, therefore the court would rule in favor of Disney. 4. Reason: Disne ys statement that the tape would last a life! time is both opinion or puffery and cannot form an Express warranty. Also, the cost of the tapes were more than seeming under 25 dollars thus the Magnuson-Moss Warranty Act would not impose either a Full or Limited warranty on the tapes that, from research of the sticky shed syndrome, will deteriorate. It can be said that it is a defective mathematical product in that case, which furthers the reason...If you want to get a full essay, do it on our website: BestEssayCheap.com

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