The uniform Commercial Code - Essay Example

The UCC is used by every jurisdiction in the United States except for Louisiana. Article 2 of the statute only governs a contract for the sale of goods (movable property only)2, and is most often used to resolve contract disputes of that nature. Other types of transactions are governed by the different Article in the UCC. The statute is governed by TARR, which refers to tender, acceptance, rejection and revocation. When a buyer intends to purchase goods, he is entitled to reject such goods, if the goods do not meet the conditions set out in the contract (tender stage).

A buyer may accept the goods in such belief, that the manufacture will repair the problems, which are under warranty (acceptance stage). However, if a buyer finds a problem with the goods, he may reject the goods within the reasonable time (rejection stage), or during the revocation stage. The provisions of UCC are applicable to the sale of goods in the United States; however, it is subject to United Nations convention for the international sale of goods if parties to a contract choose not to be governed by the statute.

Applicability of the UCC Sections Relative to Zabriskie Case In this case, Mr. Zabriskie purchased a new car 1966 Chevrolet Biscayne and gave a check for payment. Later on he went for a drive with the said car on the same day, it got spoilt within 2.5 miles away, and he immediately gave instructions for the said check not to be paid. The dealer argued that he (buyer) could not reject the car as he had taken a test drive and was satisfied vehicle. He also argued that it was a reasonable opportunity for him to inspect the product.

The court held that: Driving for a few miles was significant to the buyer, since it was his reasonable opportunity to enjoy his new vehicle and to see if it conforms to the agreement. How long the buyer may have driven the new car under the guise of inspection is not an issue as it is within the ambit of a reasonable opportunity to inspect. If the consumer has used the new car for a long period of time, article 2 of the UCC3 provides that a buyer may refuse to accept the goods if the defects impair the goods too much.

The article also provides this when the buyer has accepted the goods without discovery of non-conformity because it was difficult to discover, or if he was assured that non-conformity would be repaired. In explaining the reasoning, the court defined non-conformity substantially impairing the value of the vehicle as: 1) Having many small defects whose cumulative value added up to a big impairment- This is the “shake faith” doctrine first stated in the Zabriskie case. 2) One that includes a failure or refusal to repair the goods under the warranty- Substantial non-conformity and lemon laws often defines what may be considered a substantial impairment.

Public Policy Consideration That Support the Decision in the Zabriskie Case and Other Cases like It Courts’ main function is the administration of justice to all who come seeking justice. In doing so, they are guided by the principles of fairness and reasonableness in delivering judgments. When it comes to contracts, courts may refuse to enforce contracts containing unconscionable clauses at the time of formation or only enforce the remainder of the contract without the unconscionable clause to prevent oppression and unfair surprises to buyers; this principle was considered in the Zabriski