QuestionQuestion

Question1:
Andy buys a new jet-ski from the local Kawaskai dealership. Andy takes the jet-ski home with him. The next day, during Andy's first use of the jet-ski, it breaks down almost immediately in the middle of the bay. Andy returns the jet-ski to the dealer and demands his money back. The dealer refuses to refund his money, claiming that he has accepted the jet-ski and thus is liable to pay the purchase price. Has Andy accepted?

Question2:
a. Where a tender has been accepted, the buyer must notify the seller within a reasonable time of any breach that the buyer should have discovered or be barred from any remedy for that breach. Is this statement correct? Explain your answer including the applicable UCC section.

b. If the time for performance has not yet expired, the seller may seasonably notify the buyer of his intent to cure, and then make a conforming delivery provided that the seller had reasonable grounds for believing that the nonconforming tender would be acceptable. Is this statement correct? Explain your answer including the applicable UCC section.

Question3:
John advertises a kitchen table and chairs for sale in the newspaper classifieds. Larry answers the ad, and comes over to pick up the furniture and pay for it. After Larry has paid John, he realizes that none of the furniture will fit in the back of his car. So Larry leaves the furniture in place and decides to quickly go borrow a truck from a friend and return. However, during the interim, the furniture is destroyed when John's house burns down. Larry demands a refund of his payment. John refuses. Is Larry entitled to a refund?

Question4:
Evidence of course of dealing or usage of trade may not be offered to explain or supplement a confirmatory memorandum which was intended by the parties to be the final and complete expression of the parties' agreement. Is this statement correct? Explain your answer including the applicable UCC section.

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Question1:
Andy buys a new jet-ski from the local Kawaskai dealership. Andy takes the jet-ski home with him. The next day, during Andy's first use of the jet-ski, it breaks down almost immediately in the middle of the bay. Andy returns the jet-ski to the dealer and demands his money back. The dealer refuses to refund his money, claiming that he has accepted the jet-ski and thus is liable to pay the purchase price. Has Andy accepted?

Answer to Q1:
UCC section to be considered: 2-606

No, Andy didn't accept. Under 2-606, acceptance of the goods does not occur until "after a reasonable opportunity to inspect the goods [the buyer] signifies to the seller that the goods are conforming or that he will take or retain them in spite of the nonconformity." In this case, Andy didn't have a reasonable opportunity to inspect the goods. Despite the fact that it is not precisely...

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