posted
You could sue him for breach of the implied warranty of fitness for a particular purpose.
An implied warranty of fitness for a particular purpose, sometimes referred to simply as a warranty of fitness, is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose. This differs from a warranty of merchantability in two ways:
First, the warranty of fitness applies to all sellers, not just professional merchants; and Second, the warranty of fitness requires the seller to know or have reason to know of a specific purpose to which the property sold is going to be put.
(disclaimer, the above did come from Wikipedia)
So seeing as the guy in the turban was making the claim that the flute could tame wild animals, he would not be able to then claim that he didn't know or have a reason to know that you would attempt to use the flute for that particular purpose.
It does not matter what costs the guy in the turban incurred in selling the flute to you. You have a right to recover the cost of the flute. But you willl have to give back the flute.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by Kent Shakespeare: But I don't want the flute back!
-- I mean... what if the seller doesn't want the flute back?
The seller could then give the flute to the buyer. However, the seller still has to refund the purchase price.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
OK, it's time to redecorate the office. Are there any budding interior decorators out there that want to showcase their talent in exchange for some virtual legal services?
The office will remain open during the redecoration, so please feel free to submit any questions.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
Ok, so we have Lex married to wealthy and dying Gertrude. She starts to sign the will, dies mid-signature, Lex finishes it for her, and viola he inherits her fortune. Or does he?
Well yes and no.
Certainly the will is invalid. At a minimum you need at least two witnesses to the signing of a will. (some states require 3) So without those witnesses, that will is invalid. Her family cries "Hurray!" Although they do so a little too soon.
Assuming Gertrude had a previous will, that will would be rended void by her marriage to Lex (he did have on a wedding ring). A divorce also can render a will or parts of it void. So Gertrude would have died without a will or as we lawyers like to say "intestate". Now each state has different rules for dividing an estate that is intestate. Assuming that Metropolis is in New York State, their rule of intestate inheritance is as follows: If there is a spouse and children, then the spouse gets $50,000 and half of the estate and the children divide the other half. If there are no children, then the spouse does get everything.
So the question is did Gertrude have children or not? If she didn't then Lex didn't need to fiddle with a will. If she did, then Lex would have only gotten half of the estate, unless he also got rid of any children and any children they might have had and any children they might have had, etc.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
Well, based upon Lex's map, Metropolis is where NYC would be, so the manision/residence would probably have been in New Jersey.
Although to complicate matters, the villaian's white van had New South Wales license plates.
From: Vancouver, BC, Canada | Registered: Dec 2003
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posted
Well, I tried looking for the New Jersey Statutes and found that their statutes are not as user friendly as New York's or Massachusetts. So let's just say that Gertrude's prinicple property was on Long Island, OK?
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
nope. According to the maps shown, there is no Long Island; Metropolis is the southernmost point in New York State.
PS I was wrong about the NSW plates - they were Metropolis - at an initial quick glance LIS looked like LES, and as a plate I've never seen before, I assumed. My Bad.
From: Vancouver, BC, Canada | Registered: Dec 2003
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posted
Well, even without consulting the New Jersey statutes, I can say that they probably have similar intestate distribution of estates. The main difference between New York's & Massachusetts' is that Mass give the widow $200,000 while New York on gives $50,000 (beyond half of the estate)
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by Seth Gaterra: Quislet... I'm tempted to give you a legal Gordian knot, from LSH canon. Should I?
Go for it.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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