How the appellate court should decide the case


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Q: Richard W La Trace attended an auction at B & B Antiques, Auction & Realty, a business owned and operated by Ray Webster Deborah Webster. Bo Webster and Laura Webster La Trace purchased five lamps that were identified at the auction as 'Tiffany' lamps and one lampshade that was also identified at the auction as a 'Tiffany' product La Trace spent a total of $56, 200 on the lamps La Trace contacted Fontaine s Auction Gallery to inquire about selling the lamps in an auction Fontaine's sent Dean Lowry, an expert in Tiffany products, to examine La Trace's lamps and Lowry determined that the lamps were not authentic Tiffany products but were in fact reproductions La Trace filed suit against the Webster's and B & B for fraudulent misrepresentation, breach of warranty, breach of contract, and negligence the Webster's claimed they thought the lamps were authentic and pointed out that their sales brochure and "Conditions of Auction" document contained the following disclaimer An property is sold AS IS WHERE IS. and we make NO guarantees warranties or representations expressed or implied, with respect to the property or the correctness of the catalog or other description of authenticity of authorship. physical condition. size, quality. rarity importance provenance, exhibitions literature or historical relevance or the property or otherwise No statement anywhere. whether oral or written, shall be deemed such a guarantee, warranty or representation the trial court granted summary judgment to the Webster's indicating that La Trace trusted blindly and should not have done so Discuss the issues of express warranty, disclaimer and buyer's reliance m this example and determine how the appellate court should decide the case La Trace appealed [La Trace v Webster. 17 So 3d 1210 (Ala Cave App 2008)]

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Business Law and Ethics: How the appellate court should decide the case
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