BUS 311 WEEK 5 FINAL PAPERnewman
Any sale if classified as sale of goods for exchange is governed by the UCC.under the UCC unless expressly specified fireworks can be sold if the buyer has explicit permission to buy them and it is stated that fireworks will not be used for further resale as decided in STATE of Wisconsin, Plaintiff-Appellant, v. VICTORY FIREWORKS, INC., Defendant-Respondent.99-0243 to 99-0251. Nos. Decided: September 30, 1999.
It was seen and decided in the case that manufacture and sale of fireworks is governed by both the contract act and the UCC with special conditions as applicable to the same .the sale of fireworks is hazardous material and so it has to adhere to very strict conditions of approval of use and exhibition. The tort of negligence and intentional damage can be levied on Acme if found that Negligence can be defined as the failure to exercise ordinary care, either through an act or an commission. This negligence occurs when
A. the person or persons involved do not exercise reasonable care that normally any reasonable person would do in such circumstances
B. person or persons do something that a reasonably careful person would not do in any circumstance.
The negligence has to be proved to be legally effective and the defendant should prove that he had acted within reasonable care. Only then can the tort of negligence be legally enforceable .
 Negligence torts
These are civil wrongs brought about by one's failure to exercise care against risks known to cause potential harm.
- 7 years ago
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