TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P18

Gale Encyclopedia of American Law Volume 3 P18 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 158 CONSUMER SOFTWARE PIRACY purpose in purchasing a product and allows the consumer to rely on the seller to offer goods only if they are suitable for that particular purpose. For example there may be a breach of the implied warranty of fitness if a salesperson knowingly sells a consumer software that is not designed for operation on the consumer s computer. For a breach-of-implied-warranty claim to be successful the consumer must establish that an implied warranty existed and was breached that the breach harmed the consumer that the consumer dealt with the party responsible for the implied warranty and that the consumer notified the seller within a reasonable time. implied warranties may be disclaimed by the seller if they are denied expressly and specifically at the time of the sale. The MAGNUSON-MOSS WARRANTY ACT 15 . . 2301 et seq. is a federal law that requires sellers to explain in easy-to-understand language the terms of warranties that apply to written sales contracts for items costing 5 or more. Under this act when a product fails to meet the standards promised by the warranty the seller must repair it replace it or refund the purchase price. Consumer Remedies Laws protecting consumers vary in the remedies they provide to consumers for violations. Many federal laws merely provide for public agencies to enforce consumer regulations by investigating and resolving consumer complaints. For example in the case of a false advertisement a common remedy is the FTC-ordered removal of the offensive advertisements from the media. in other circumstances consumers may be entitled to money damages costs and attorneys fees these remedies can be effective in a case involving a breach of warranty. Depending on the amount of damages alleged consumers may bring such actions in small-claims courts which tend to be speedier and less expensive than trial courts. ALTERNATIVE DISPUTE RESOLUTION ADR is another option for consumers. Some states pass consumer protection .

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