Tuesday, September 10, 2019
Business law Essay Example | Topics and Well Written Essays - 500 words - 12
Business law - Essay Example A commodity maybe manufactured in one state, transported by a transport company from another state to a buyer in a totally different state. The code as it is deals with personal and movable property and real property which is always static like homes. This is the more reason the code applies to the case of Jack and Joseph. The TV sets are movable personal property which has actually been shipped from one state to the other. The facts of this case are in the disagreement on the terms of contract as well as the condition of the goods. The goods arrive with an increased price contrary to the initial agreement although there was an initial notification of 10 days to which no response of acceptance or rejection was offered. Further, the buyer rejects the second consignment due to deformations and notifies the seller as soon as possible. The UCC has provisions for rejection of goods and outlines the circumstances under which the buyer might reject the goods. It further explains the method or procedure for rejecting the goods and the consideration that the seller should be given. These provisions include the buyer being able to reject any good or part of a delivery which does not conform to the contract. The rejection must be made more affirmatively and should not be thought to be implied. This should be done by notifying the seller within a reasonable time. Rejection should be done by providing a reasonable defect ascertainable by inspection. The seller should also be given time to cure the defect in which case he must offer to cure the defect. If the seller is not informed of the defect then it might be assumed the defect could be curable had he been notified in time (Klocek v. Gateway, . 2000). In this case, though the seller will argue that he informed the buyer of the changes in price before shipment, the notification on increase in price was by letter and so the buyer could
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