Legal Research 3. Your firm has been approached by the Purchaser, who wants to sue Seller to recover damages to cover the loss of the computers that...

Legal Research

3. Your firm has been approached by the Purchaser, who wants to sue Seller to recover damages to cover the loss of the computers that failed to perform as the Purchaser assumed they would. Research this issue in Westlaw and write your supervising attorney a memo addressing:

1. The issue for the court to decide,

2. The rule of law that applies to that issue,

3. An analysis of how that rule applies to this case, and

4. A conclusion stating your opinion about the Purchaser’s chances of recovering damages.

Make sure you cite your sources correctly according to the ALWD. Assume Ohio law applies; refer to other jurisdictions or federal law if necessary. You should use both case law and statutory law, if applicable. 90 points.

Facts: A Purchaser sent a Seller a purchase order for 100 computers at the advertised price, and this order made no mention of warranties. Seller responded with a confirmation that accepted the order and contained detailed terms, including one that stated that the company made “no warranties of any kind.” Purchaser did not closely read the confirmation and did nothing further. Soon after the purchase, twenty of the computers suffered major hard drive failures. Purchaser sought to recover damages, but Seller sought to rely on the absence of warranties. Since the Seller said in their contract that they were making no warranties, does the Purchaser have a chance to recover damages?