Critiqued Essay on Defective Product

1376 Words Jul 20th, 2012 6 Pages
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.

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