Essay Available:
Pages:
1 pages/≈275 words
Sources:
1
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 4.32
Topic:
WA 5
Essay Instructions:
Case study
A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.
If Smith sues the dealer for breach of warranty and the dealer defends by relying on the contract disclaimer, what would be the result and why?
In your essay, be sure to cite information on warranty and UCC Article 2.
Essay Sample Content Preview:
Case Study
(Insert Name)
(Institutional Affiliation)
Case Study
A contract can be defined to be a legally enforceable promise and therefore has elements such as; must be voluntary, must be legal, existence of an offer, and consideration among others. Awarranty on the other hand can defined as an assurance by one party to the other that certain specified conditions of facts will be done and the other party has to rely on this and may seek legal remedy if the warranty is not followed (Legal Information Institute, n.d).
In this case, there the type of warranty here is the implied warranty, where Mr. Smith has relied on the dealer to provide the right type of car that suits the needs he specified. However, according to the UCC Article 2-608, a buyer may revoke his acceptance of a commercial unit whose non-conformity substantially impairs its vale after accepting it. This is practical to this case since Mr. Smith could not have discovered such non-conformity since it was impossible for him to tell any fault. It can be argu...
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now: