Question
Be a Sport, Inc. (BAS) is a retailer of sporting goods across the country. BAS bought 10,000 basketballs from Round, Inc., a manufacturer of various
Be a Sport, Inc. (BAS) is a retailer of sporting goods across the country. BAS bought 10,000 basketballs from Round, Inc., a manufacturer of various kinds of balls. Soon after the basketballs had been delivered and some of them had been sold, BAS began to receive complaints from many unhappy customers who stated that their basketball had lost most of its air. BAS had inspected a commercially reasonable sample number of the basketballs at the time of delivery and they were all fully inflated at that time. Within three weeks after accepting delivery of the 10,000 basketballs, BAS had received so many complaints from unhappy customers that it has demanded that Round take back all of the unsold basketballs (8,000), but Round has refused. BAS is now suing Round. What is BAS likely to argue in its attempt to return the 8,000 basketballs to Round for a full refund? Is BAS likely to be successful? Why or why not? (Please do not discuss the possible breach of warranty theories in your answer to this question.)
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