Opp. word. Super Cert. 9; Exh. ” 10″ ). In March 2005, Home Depot amended the non-injury clause in its lease agreement as follows: According to the applicant, a tenant is only liable for repairs due to “misuse” without the abandonment of the damages offered by Home Depot. (See Word. Super Cert. 5). Abandonment of damages excludes coverage of all repairs required by the tenant`s “misuse.” (See ID).
Thus, the plaintiff, the abandonment of the damage entirely and entirely of its protection, concludes the only liability that the tenant even has under the contractual damage resulting from the “abuse” or “inappropriate use” of the tenant`s equipment. (See ID). Home Depot states that the absence of damage frees the customer from liability for damage to the tool during its normal use. (See Opp. word. Super Cert. around 5 (quoting McAreavey Dep. 12:12-14, 27:16-18, Exh. ” 4″ )). An equipment rental contract is a document that individuals or companies use to rent devices (such as electronics, medical tools, heavy machinery, etc.) from one party to another. This agreement defines the responsibilities and duties of each party and allows them to outline important conditions such as the cost of rent, the maturity of payments, the approximate value of the item and much more. O`Neill may be typical of some of the members of the proposed class, but it is not typical of all class members who can be found.
It is therefore not in a position to demonstrate that it will “protect the interests of the class in a fair and adequate manner,” as requested by Rule 23 A (4). Given the likelihood that the proposed class members will have different circumstances, the facts that support one class member`s alleged claim may undermine another member`s claim (. B for example, there may be class members who have acquired the cancellation of the damage and who have not been debited if their equipment was defective). See Dyer, 2000 WL 33339613 at 9-11; See also In re Terazosin Hydrochloride, 220 F.R.D. 672, 692 (S.D.Fla.2004) (considering that persons who have not suffered economic harm as a result of the alleged misconduct and who have actually benefited from this behaviour are not proper class members); Pickett v. Iowa Beef Processors, 209 F.3d 1276, 1280 (11. Cir.2000) ( “Class [A] cannot be certified if its members have conflicting interests or if they are made up of members who profit from the same acts that would be detrimental to other members of the class.” (Quotes are omitted). In addition, Home Depot does not need to deal with the consequences or debts of damage caused either by proper use or by accidents in paragraph 6, namely the repair and repair provision.
The extent of liability depends on whether the abandonment of the damage is acquired by a particular client. If a tenant does not purchase the damage protection, but the tool is accidentally damaged if used correctly, or if the tool is damaged if it is not used, the tenant is responsible for the damage under the terms of the contract (3). When a tenant acquires the cancellation, the tenant is not liable for such damages. A third scenario is that the tool becomes unusable or dangerous for another cause: the engine of an old tool could die while the tool is rented; A fuse in a tool could come out briefly. These types of diseases are not due to misuse, misuse or accidents. It`s just that they`re coming. In one of the above scenarios, when the tool is brought to Home Depot, the contract explains that Home Depot will repair the tool or provide another tool to the tenant within a reasonable time. Or Home Depot adapts rental fees to the situation.