Yea Budyy Essay example

772 WordsOct 9, 20124 Pages
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…show more content…
[Economy Forms Corp. v. Kandy, Inc., 391 F.Supp. 944 (N.D. Ga.)] Chapter 27 – 1, 3, 8, 9 and 11 1. Statute of limitations. Firwood's resale may have taken three years, and the contract goods may have been sold as parts, but Firwood acted in good faith in trying to mitigate damages because there simply was no market for PCIs at the time of General Tire's breach. Firwood acted in good faith and pursued buyers diligently over that three-year period. While the time period may be less than optimal and the sale of the goods as parts not always desirable, Firwood did the best it could given the market following the breach. Firwood was awarded the contract price difference of $187,513 and $100,476 in interest. [Firwood Manufacturing Co., Inc. v. General Tire, Inc., 96 F.3d 163 (6th Cir.)] 3. Rejection of improper tender. Yes. Formetal immediately notified Presto of the defects. Presto had the right to repossess the goods, but failed to do so. Additionally, Presto showed no evidence that it wished to cure the defect. [Presto Mfg. Co. v. Formetal Engineering Co., 360 N.E.2d 510 (Ill. App.)] 8. Breach of contract. Mrs. Kirby could reject the wheelchair and sue for breach of contract. She might also try breach of warranty in that it did not meet specifications and perhaps there was a warranty for a particular purpose. However, the court held that the best remedy was for breach of contract

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