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University Dally Kansan, July 23, 1981
StudEx reveals appointments to Student Legal Services
by JILL M. YATES Staff Reporter
Members of the Student Senate Executive Committee approved the appointments of two attorneys to Student Legal Services, a director of the board for the Associated Students of Kansas and the Student Senate executive secretary said at a meeting last Saturday.
Margaret Mathewson, former member of the Kansas Legal Services and a graduate of the KU School of Law. Req. Master's degree in attorney for Student Legal Services.
MATHEWSON, HOWEVER,
declined the appointment because of
an alternative job offer with the
Reginald Heber Smith Fellowship,
an affiliate of the Kansas Legal Aid
Offices.
"Ipains me very much to have to turn down the position because I care about Student Legal Services tremendously and believe it is extremely important," Mathewson said. She said her position with the
She said her position with the fellowship would be working as a staff attorney in a Kansas law office.
Also appointed to a position with Student Legal Services was Cynthia Week, KU law graduate who worked for legal aid in Wichita.
Woelk was appointed supervising attorney for Student Legal Services.
Maria McDougal, former member of the Associated Students of Kansas and active member of the United States Students Association, was appointed as director of the board for ASK.
STUDIEX MEMBERS also appointed Lewis Bolton, Des Moines, Iowa, senior as the new executive secretary for the Senate.
His appointment will not be confirmed until a meeting of the StudEx this Saturday.
another position that will be confirmed Saturday is that of Steve Bennett, Kansas City, Mo. as chairman of Student Legal Services.
Bennett is a graduate of the University of Notre Dame and is currently studying law at KU.
In other StudEx business, Bert Coleman, Student Senate president, emphasized the need for a booklet to be given to the next president to help him understand the workings of the Senate.
The book would tell what the new president should know in detail, Coleman said. It would also include previously made deals and mutual obligations between the Senate and other organizations, he said.
By TIM ELMER Staff Reporter
It's a familiar story. Only days after the written warranty on an item such as a car or an appliance expires, so does the item itself.
"A lot of consumers assume that once their written warranty has expired, their legal rights are finished and that it is not true," Barkley Clark, KU professor of law, said last week. "Million of dollars are not claimed by consumers each year because they are not aware of what an implied warranty
Less than 1 percent of all cases where there has been a breach of implied warranty are taken to court by consumers, Clark said, because most people don't know about their implied warranty rights.
Warranties needn't trick buyers
WAYNE HUNDLEY, deputy attorney general and chief of the Consumer Protection and Antitrust Division of the Kansas attorney general's office in Topeka, said an implied warranty was basically a warranty of fitness or "merchantability."
"The implied warranty applies to any property, both new and used, you buy from a manufacturer or dealer," he said.
An implied warranty is good for four years after the date of purchase
"However, Kansas has a little additional kicker in that our Consumer Protection Act forbids any disclaimers of impolled warranty," he said.
"If a second-hand car or product is sold under false pretenses such that besides the implied warranty protects customers in those situations," he said.
THE IMPLIED WARRANTY law is contained in the Federal Uniform Commercial Code. Most states have a law recognizing implied warranties but manufacturers and dealers can limit or impair implied warranties, Hudley said.
No, I can't just fact.
Clark said that in Kansas and six other states, if dealers try to disclaim the implied warranty in their sales forms by saying no implied warranty
"You just don't expect the engine of a new car that you are paying $7,000 on will go bad at 14,000 miles if the written warranty is good for only 12,000 miles."
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Dealers also cannot sell used products under false pretenses under the warranty law, Hundley said.
The implied warranty law says that merchandise purchased by a consumer in a commercial action must function for a reasonable amount of time and the merchandise must not be sold under false pretenses, he said.
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Quinlan said he was sure most dealers did know about implied warranties even if they didn't admit it.
regardless of the time span stipulated in the written warranty, which is normally one year, Hundley said.
WITHOUT EXCEPTION, the six car dealers interviewed in Lawrence said they did not know about the implied warranty.
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"You bet they know about the implied warranty," he said. "We even sent out stamps to car dealers to be stamped on the sales form that clearly points out that a dealer can't limit implied warranties. He can limit written warranties but not implied warranties."
Despite the warnings, he continues to find in car dealer sales forms an attempt to limit or disclaim the implied warranty. Quian said.
However, when the disclaimers are pointed out, dealers usually try to conform to the regulations and change the wording of their forms, he said.
Jack Quinlan, an attorney representing the Kansas Motor Car Dealers Association, said the association in its monthly bulletin to car dealers frequently had warned dealers trying to limit implied warranties.
"Manufacturers and dealers who try to disclaim the implied warranty in their sales forms can be penalized up to $2,000 for the disclaimer." Clark said.
shall apply, it is a violation of the Kansas Consumer Protection Act.
Hundley said the only instance in which car dealers could limit an implied warranty was if they told condoms to wear them and were sold about any defects the cars had.
"Some things become the basis of bargaining," he said. "If the transmission in a car is not operative, and the consumer knows it, it lowers the price you pay for it. You can sell a car that is not in 100 percent condition as long as it meets state inspection standards. If the defects are made
It is the testimony of this column and writer that there be many who call themselves Christian, claiming great spiritual experiences and that they have been "born again," yet don't hesitate to run rough shod over some of the Ten Commandments — which reveal the very character of the Almighty — making the Law vold, and then "pass the buck" to the Lord Jesus Christ, not only for sinning but for penalty for sin, and made them free with the liberty to do as they please!
If the consumer does not get a satisfactory response, he should file a lawsuit or contact a consumer protection agency. Clark said.
known to the consumer, the dealer can limit the enmilled warranty."
Psalm 2:1 and Acts 4:25
Hundley stressed that the implied warranty law included all products sold by a manufacturer or dealer and not just cars. The implied warranty law applies to any product that costs over $15.
PrIMARY what the Apostle Paul was speaking about concerning the Law in his Epistles had to do with circumcision in the flesh — there were those who taught a man could not be saved unless he kept the law of circumcision given him, but if he did so there were many of any man's circumcision in the flesh up to the physician of his choice.
'WHY DO THE HEATHEN RAGE?'
However, unless you receive "circumcision of the heart" at the hands of the Great Physician, the Lord Jesus Christ, you are still in your sins and a lost soul. So I testify because I don't want "your blood to be on my hands." And an evidence of "circumcision of the heart" is discipline in life and conduct.
My answer to folks with such a faith can best be made by quoting a few verses from the 119th Psalm: 70, 115 and "Horror hath taken hold upon me because of the wicked that forsake Thy Law." Their heart is as fat as grease; but I delight in Thy Law. . . Depart from me, ye ewilors; or I will keep the commandments of my God." God grant that my heart in its attitude towards God will incline to perfect in an accord with every statement of the 178 verses of the 119th Psalm.
Clark said consumers who felt that they had not gotten their money's worth should write to the manufacturer and dealer saying there had been a breach of warranty. The consumer should give specific reasons why there has been a breach of warranty, he said.
Near the very close of the Bible we read: "BLESSED ARE THEY THAT DO
HIS COMMANDMENTS, THAT THEY MAY HAVE A RIGHT TO THE TREE OF
LIFE, AND MAY ENTER IN THROUGH THE GATES INTO THE CITY." —
Revelation 22:14.
Because of the Magnuson-Moss Federal Warranty Act, in effect since 1975, courts have the discretion to award the consumer not only the cost of the breach but also the damages to the attorney's fees and all other court costs if the consumer wins the lawsuit.
"IT IS VERY helpful to go through a protection protection agency because the agency can help negotiate the settlement at no cost to the consumer."
It frequently does not cost the consumer anything even when he chooses to have an attorney to represent him, Clark said.
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"Courts around the country are starting to award court costs and attorney's fee to the consumer if he wins his case," Clark said. "However, if a consumer loses his case, he must pay his attorney's fees and court costs."
A fair number of lawsuits against an implied warranty breach of contract are won by consumers, he said.
"If the buyer has a good complaint and the product is in fact defective, you have a really good chance of winning those cases," Clark said.
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sidewalk sale
men's
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values to '36.50 & less
dress shirts $1/2$ off
values to '39.50 & less
knit shirts now $12.90$
values to '21.50 and less
1/2 OFF
july 23-8 a.m.-8:30 p.m.
shorts $ 17^{90}$
values to '24.50
selected
swim suits $ \frac{1}{2} $ off values to 24.50
selected
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values to '175.00
large group of $ 125-
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values to '225.00
sport coats $8950
values to $175.00 $150
IZOD
knit shirts ¥19⁹⁵
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selected dress slacks $ \frac{1}{2} $ off other group of dress slacks values to 155.00 $ \frac{20}{0} $ off
selected 1/2 off ties all silk & cotton madras values to 25.00
women's
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shorts
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values to '64.00 & less
IZOD $17^{50} & knit shirts $19^{95}
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polo shirts now
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long sleeve
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