Examination – case study 2



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Examination – case study 2

NAME:




Course Name: Canadian and International Law

Course Code: CLN4U

Instructor: Prof. Dr. Panayotis Zamaros

Number of cover pages (including this page): 1




Students are reminded of NJC policy on Academic Honesty:

The very highest standards of academic honesty are expected of students of Neuchâtel Junior College. Cheating, plagiarism and academic dishonesty of any kind will not be tolerated. Students who are found cheating on any required course work, examination, quiz or essay will receive a failing grade for that work”.





INSTRUCTIONS
Open source examination: course notes, textbooks, online texts and references are allowed. Used material is to be referenced. Consider question instructions with due care. Answers are to be typed on a computer and e-mailed at the end of the allotted time. The allotted time is 75 minutes. This examination is corrected by means of the usual ‘assessment grid’.

TASKS
Reed v. Computerworld
Facts
20.06.1999
Mr Paul Reed purchased from Computerworld, located downtown Lausanne, a computer, model i-Mac, manufactured by Apple Mackintosh. The computer was delivered at the shop and Mr Reed took it at his home located 4 kilometers from the shop.
6.07.1999

After approximately 3 weeks of operation, a ‘bang’ sound came from the computer, the fuses went down and a smell of burned filled Mr Reed’s house. Something was burnt in the computer, so he brought it to be repaired. Upon examination it was found that the power distribution system was defective. The shop estimated that the repair would last 2 weeks, but it lasted a month and a half.


18.08.1999

The shop called Mr Reed that the computer was ready and that he could collect it, which he did. On collection of the computer and arrival at home, Mr Reed tried to put the computer on, which it did not: the power-on knob did not respond. In turning the computer upside down, the power knob would respond! He immediately called the shop to signal the problem. The shop responded that it must have been damaged during transportation, which Mr Reed denied as all precautions were taken, that is, smooth driving, and use of a padded box to counter vibrations. With this the shop replied ‘you have to have confidence in this computer and will work’. He immediately brought it back to the shop.


25.08.1999

The shop called Mr Reed that the computer was ready and that he could collect it, which he did.


28.08.1999

After a couple of days of operation, the computer screen became weird; on restarting the computer the screen became smaller and no interactivity with the mouse was possible: the system froze. Mr Reed called the shop to signal the problem who responded that he had to bringing it back. Mr Reed was at that time far way from Lausanne and was not possible to bring it at the shop. He therefore sent the computer by post and wrote a separate (registered) letter requesting either the replacement of the computer, or a full refund within 10 days and that failure to give satisfaction to either of his demands would lead to judicial proceedings.


15.09.1999

The shop replied by mail that the only thing they would do is repair the computer and nothing more as per the conditions set in the warranty.


20.09.1999

Mr Reed assigned Computerworld to court.


Determinations
Mr Reed claimed 1) deception from the part of Computerworld in that knowing that the product is defective (statistically 1/ 500 computers has serious defects) refused to take steps towards meeting his demand to have a computer that is normally operational; 2) bad workmanship from the part of Computerworld since the computer was never fully operational for a reasonable time; 3) full refund and damages for a total of CHF 3’000.
Computerworld claimed that 1) it was not their responsibility to replace the product only to repair it since this is was the warranty stated; 2) any other decisions were to be taken by Apple; 3) it carried out the repairs with the best knowledge available and well-trained technicians.

 

Examination question



 

Acting as judge of the court, make an informed and fully-referenced argument to decide on the case.



EXPECTATIONS
As per the info pack

WEIGHTING
As per the info pack

ACHIEVEMENTCHART
As per the info pack

YOUR ANSWER



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