CASE BRIEF

Transamerica Oil v. Lynes, Inc. and Baker International

Transamerica Oil v. Lynes, Inc. and Baker International

Format Procedural History

In the case, Transamerica Oil Corporation, Plaintiff-Appellee, v. Lynes, Inc. and Baker International Corporation, the purchaser sued the defendant for recovery of the damages because of the sellers' breach of the express warranty. This was under the Kansas Uniform Commercial Code (UCC). The District Court of United States for Kansas District rewarded the damages to the plaintiff purchaser. After which an appeal was made by the sellers. This appears negligence on the part of the sellers (findacase.com). They should have properly informed the purchaser about the liability limitation and the remedies limitations. They should have asked the purchaser to sign the contract which showed that the purchaser was aware about the liability limitation and the remedies limitations.

Pin Cites

The following are some of the pin cites through which the entire case can be reviewed in detail.

www.legallynoted.com

www.findacase.com

Facts

The purchaser brought some of the injection packers from the seller as he was in the business of completing and drilling the gas and oil wells. The purchaser after buying the injection packets found out that they were not up to the standards and were not performing well. However, the sellers claimed that the limitations statute barred such an action and further argued that the purchaser agreed to the liability limitation and the remedies limitations (legallynoted.com).

The court decided that the sellers ought to show the evidence that the purchaser agreed to the liability limitation and the remedies limitations. The jury had the right to witness the invoices which were made between the seller and the purchaser. The seller had to present the jury with sufficient and written proof that the purchaser, at the time of purchasing the injection packers, signed or agreed upon the liability limitation and the remedies limitations. The purchaser claimed that he was unaware of such liability limitation and the remedies limitations. The district court properly submitted the issue of liability to the jury and the appropriate instructions on damages were not given (Hepple & Matthews, 2000).

Negligence is the ways that fall below the standards of actions recognized by law for the safety of others against unreasonable risk of harm. He or she has acted negligently if departed from the conduct expected of a convincingly prudent person acting under related conditions. It is the value or condition of being negligent, need of due diligence or care, act or an example of negligence or carelessness. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty.

Issue

The sellers failed to sell the proper injection packers to the seller and apart from this they did a breach of warranty. The second element of the tort of negligence is the misconduct itself, the defendant's inappropriate act or omission. Generally referred to as the defendant's breach of duty, this component implies the preexistence ...