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Homework 4
Chapter 26
1. Revocation. No. The gender of an emu is not discernible by mere external observation. The only certain way to tell, apart from internal examination, is to observe them in mating. Smith, upon observing both Rachel and Andrew, her two male breeders, grunting, concluded that she had two male emus and not a male and a female breeder because grunting is a male trait. Rachel may have looked like a female emu and walked like a female emu, but it did not sound like a female emu. When Smith heard the noise, she immediately notified Clark. Her notification was timely, and the problem with the bird was a material and substantial impairment because Smith had paid a high price specifically for breeders, not two male emus for pets. [Smith v. Penbridge Associates, Inc., 655 A.2d 1015 (Pa. Super.)]
4. Revocation of acceptance. The court held that the shopping club had given the seller enough time to try and fix the defects, that the fixes were not forthcoming and that the buyer certainly had the right of revocation of acceptance if the right of rejection had expired. The buyer is excused from taking and paying for the defective Care Bear lamps. [Home Shopping Club, Inc. v. Ohio International, Ltd., 27 UCC Rep.Serv.2d 433 (Fla. Cir. Ct.)]
5. Acceptance; failure to timely reject. Ms. Trivigno should not have used the decorations if she was rejecting. By using the decorations, BP was accepting by conduct. The continued use despite complaints was a form of acceptance. [B. P. Dev. & Management Corp. v. Lafer Enterprises, Inc., 538 So.2d 1379 (Fla. App.)]
8. Revocation of acceptance. The buyer had accepted the goods but could revoke acceptance if (1) the defects substantially impaired the value of the washers; and (2) the defect was not readily discoverable until after the sales to customers occurred. [Aetna Chemical Co. v. Spaulding & Kimball Co., 126 A. 582 (Vt.)]
10. What constitutes acceptance of goods. Yes. The
Chapter 26
1. Revocation. No. The gender of an emu is not discernible by mere external observation. The only certain way to tell, apart from internal examination, is to observe them in mating. Smith, upon observing both Rachel and Andrew, her two male breeders, grunting, concluded that she had two male emus and not a male and a female breeder because grunting is a male trait. Rachel may have looked like a female emu and walked like a female emu, but it did not sound like a female emu. When Smith heard the noise, she immediately notified Clark. Her notification was timely, and the problem with the bird was a material and substantial impairment because Smith had paid a high price specifically for breeders, not two male emus for pets. [Smith v. Penbridge Associates, Inc., 655 A.2d 1015 (Pa. Super.)]
4. Revocation of acceptance. The court held that the shopping club had given the seller enough time to try and fix the defects, that the fixes were not forthcoming and that the buyer certainly had the right of revocation of acceptance if the right of rejection had expired. The buyer is excused from taking and paying for the defective Care Bear lamps. [Home Shopping Club, Inc. v. Ohio International, Ltd., 27 UCC Rep.Serv.2d 433 (Fla. Cir. Ct.)]
5. Acceptance; failure to timely reject. Ms. Trivigno should not have used the decorations if she was rejecting. By using the decorations, BP was accepting by conduct. The continued use despite complaints was a form of acceptance. [B. P. Dev. & Management Corp. v. Lafer Enterprises, Inc., 538 So.2d 1379 (Fla. App.)]
8. Revocation of acceptance. The buyer had accepted the goods but could revoke acceptance if (1) the defects substantially impaired the value of the washers; and (2) the defect was not readily discoverable until after the sales to customers occurred. [Aetna Chemical Co. v. Spaulding & Kimball Co., 126 A. 582 (Vt.)]
10. What constitutes acceptance of goods. Yes. The