Legal Writtinbg Essay Correction

654 Words May 7th, 2013 3 Pages
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 the money back to the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because, since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (UCC 2-314). No Industria De Calcados Martini Ltda. v. …show more content…
I can’t show exactly where in the U.C.C. it says this, but that’s the general feeling I got from reading the U.C.C. 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 plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because, as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under UCC 2-314. Industria De Calcados Martini Ltda. v. Maxwell Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct. 1994) Also, there’s a case that expounded upon this issue and told us that a baseball bat can’t crack when it’s used normally. Otherwise, the store has to give back the money to the plaintiff. Dudzik v. Klein's All Sports, 158 Misc. 2d 72 (N.Y. J. Ct. 1993). The information that can be clearly drawn from these cases is if someone buys a baseball bat, it must be in the condition that was represented to the heretofore named parties. At least, the bat must be in sufficient marketable condition so that the implied warranty owing from the party of the first part to the party of the second part must be sustained. Also, as if those cases weren’t enough, the UCC 2-314 demands that goods must be in good condition when they are

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