Critiqued Essay on Defective Product - 1376 Words

1) Critique the essay and explain, point by point, what is wrong with the essay; and 2) Re-write (salvage) the essay in a style and format that is appropriate for a legal document. Note that this is NOT a research assignment. You need not look up the cases cited. You can assume that the cases cited are at least appropriate for the propositions that they purport to support. The only thing you need to do with regard to the cases is cite them correctly. This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story. The baseball bat was broken from the outset when it was bought by the plaintiff. Therefore, the defendant should have to return the baseball bat and pay†¦show more content†¦6. There is not an ending that states WHY the plaintiff is entitled to a refund. This is VERY significant. CRITIQUED ESSAY FACTS: Plaintiff purchased a baseball bat from the Defendant. Plaintiff is claiming that at the time he purchased the baseball bat, the bat was defective. When Plaintiff used the baseball bat for the first time, it shattered upon impact. Plaintiff seeks relief in terms of the purchase price he paid for the baseball bat. ISSUE: Is the Plaintiff entitled to relief in terms of the purchase price he paid for the baseball bat? RULES: U.C.C. Code  § 2-314. Implied Warranty: Merchantability; Usage of Trade †¢(b) in the case of fungible goods, are of fair average quality within the description; and †¢(c) are fit for the ordinary purposes for which such goods are used In the case of DE CALCADOS MARTINI LTDA. v. MAXWELL SHOE CO., 630 N.E.2d 299 Mass. App. Ct. (Mass. App. Ct. 1994), the seller (Plaintiff) filed a claim against the buyer (Defendant) for breach of contract. The Defendant filed a counterclaim for breach of implied warranty of merchantability. The court affirmed a decision for the Plaintiff that the Defendant breached the contract and affirmed the decision for the Defendant’s counterclaim that the Plaintiff had breached its implied warranty of merchantability. The court cited U.C.C.Show MoreRelatedSociety : A Realm Of Doubt2191 Words   |  9 Pagesthe true, underlying intentions of man. â€Å"The arts and habits that make up the specific manners of the gentleman have come to mean little less than cool dexterity in offensiveness in one direction,† Samuel Weller Singer suggests in his work Critical Essay on Hamlet. They are â€Å"balanced by effici ent self-seeking complaisance in the other.† As follows, personality is fashioned and reworked directly by the conscious individual. Hamlet nonetheless contends there is something true and unchanging about theRead MoreAmanda Knox : An American Girl From Seattle3691 Words   |  15 Pagesto run the social classes turning, merchants into capitalists. 3. Allowing slavery in which introduced the idea of aristocrats. 4. Having the stage of primitive communism. He also found private ownerships as well as, private adoption of surplus products in the form to gain profit by a small group of private business owners called the bourgeoisie, caused an up roar too. As tension grew between classes; this forced the two groups to crown into a social revolution; causing socialism and communism toRead MoreContemporary Issues in Management Accounting211377 Words   |  846 PagesTaiwan University. Allan Hansen is Assistant Professor at the Copenhagen Business School. His research interests cover a wide range of issues related to cost and performance management in practice, and he has been focusing on the management of new product development as well as production management and the management of interorganizational relations. Currently, he is exploring the role of constructivism as a practice-based research strategy in management accounting.  ¨ Anthony Hopwood is the Peter