The importance of complying with the uniform statements - Assignment Example

Supervisor] Answer From the case discussed above, it is quite evident that during the entire transaction there was no moment where Andy was able to properly inspect the jet-ski properly. Andy bought the jet-ski from the dealership and took it to his home. The jet-ski broke the next day while Andy was using it. This implies that acceptance of the jet-ski did not take place. 2-606 implies that the deal is not complete until and unless the buyer gets a reasonable chance to inspect the merchandise that he or she is being sold (Cornell University Law School).

The law however fails to specify how long exactly the duration of an inspection is supposed to be. In the case of the jet-ski one should be allowed to test ride the jet-ski to make sure there is no defect in the piece being sold. Answer 2a The statement given above is true and can be found under 2-607(3) (a). The statement makes three vital points. The first point is that it defines a time period in which the buyer could give notice if there is any defect in the material bought. The time period usually varies depending on the circumstances of the given situation (Warner Norcross and Judd).

The second point that the statement makes that the buyer must notify the seller of the defect within the merchandise (Warner Norcross and Judd). This part however fails to specify exactly how such this requirement is to be fulfilled. The third point that the statement makes is that not only should the buyer inform the seller of the breach within the merchandise but that the buyer holds the seller responsible for any problem that occurs and the delivery of the goods is in itself considered a breach (Warner Norcross and Judd).

Answer 2b The statement made above is false. UCC 2-508 (2) indicates that if a buyer has in his rights rejected and the seller using UCC 2-508 has cured then in such a case cancellation is an option that becomes unavailable. In such a situation the buyer has no other option but to accept the cure. Moreover if the buyer rejects and attempts a cancellation then that cancellation can be rejected by the seller (Cornell University Law School). The buyer under UCC 2-508 has to give the seller an opportunity to cure.

In case the seller waves his right to cure than in such a case cancellation is dependent on the fact if the delivery of the goods was to be carried out over time or if it was to be done in just one transaction (Cornell University Law School). Answer 3 Under UCC 2-509(3) does not provide the required rules do deal with the risk of sales of goods that do not offer shipment of those goods nor has the involvement of a merchant or a bailee. In the case given above John under no circumstances can be categorized as a merchant.

This is because John does not conduct business of goods or materials that have been defined under UCC 2-104(1). Furthermore, the scenario above also ensures that John is not a bailee. John merely had Larry delay the time of pickup of the goods which means that UCC 2-509(2) cannot be implemented on the case given. Finally the question arises if John tendered delivery. Under UCC 2-503 the buyer becomes responsible if he or she does not let go of the goods. In this case however Larry had offered John to take the goods with him it was John who delayed the acceptance of goods.

From the above statements it is clear that Larry claims of a refund are baseless and John has every right to deny him a refund. Answer 4 The statement given above is false and can be explained under UCC 2-202. UCC 2-202 states that the parole evidence can be considered within a court especially in a situation where the written contract is not considered to be complete. Provided that there is no contradiction and it is consistent with the terms of the written agreement between the participants (Cornell University Law School).

From this statement, it is clear that in case of a need of evidence that is related to trade, parole evidence may be admissible in courts to replace a confirmatory memorandum that may not have the complete expressions that address all the concerns that the parties of the contract have. This, of course, has to be consistent with the terms of what was written within the concerned document. Works Cited Cornell University Law School. § 2-606. What Constitutes Acceptance of Goods. 2010. 2 October 2013. . Warner Norcross and Judd.

The Importance of Complying With the Uniform Commercial Code's "Notice" Requirement When a Supplier Provides Defective Goods. 1 April 2002. 2 October 2013. .