BMO Inc sells commercial/industrial printers to businesses including creative ma
ID: 325890 • Letter: B
Question
BMO Inc sells commercial/industrial printers to businesses including creative marketing agencies that need to print high quality marketing materials such brochures, posters, circulars and other collateral for their clients. All-American Creative approaches BMO about potentially purchasing one of BMO's more capable but also expensive printers. All-American's procurement officer explains to the BMO salesperson that All-American pitches to their clients that All-American only uses machines and supplies made in the United States, and so they would only be interested in buying a printer from BMO if the printer is made in the United States. The BMO salesperson tells the procurement officer: "Yeah, yeah, all of these models are made in Chicago." However, The BMO salesperson knows that different components of their printers are manufactured in China, Vietnam and Brazil; Chicago is where the printers are assembled and finished (e.g. where BMO's logos are placed on the printers, etc.). After making the purchase, All-American sees a "Made in China" mark on the paper feeder trays. Does All-American have a legal claim under tort law? If so, which tort? Can All-American prevail? Explain your answer.
Explanation / Answer
Yes, All American have the right to claim under Tort Law. The BMO salesperson knows that the printer is only assembled in America while most of its parts are from outside America but intentionally he has sold the product. Thus, it lies under Intentional Torts. After mentioning the requirement to the salesperson, breach of the contract is been done by selling against the asked products. Thus, All Americano can claim monetary losses incurred to them for buying printer not made in US. All Americano will prevail as it is the clear case of cheat and fraud.
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