Harry retained a plumber to install 10 new sinks and toilets in his investment property in Flushing New York. At the conclusion of the work, Joe the plumber gave Harry a bill in the amount of $3500 which included $1650 for labor and 1850 for parts and stated at the bottom: 'Purchaser has 48hrs in which to make any complaints; orherwise, all complaints are WAIVED abd payments must be made.' Ten days later tenants called Harry to complain that the toilets and sinks were not working. Harry called Joe to request service and Joe: "Read the bill; its too late for complaints. However, i will make a service call for $150." Harry rejected the suggestion and insisted that Joe take care of the problem. Joe said "NO!". Harry consults you about his rights under UCC. Can he maintain a claim under the UCC? If he gets sued for non payment, what defense(s) may he use? If he chooses to make a claim and can do so under the UCC, what theories of liability can he argue to the court? Effect? OUTLINE OF QUESTIONS FOR MIDTERM: Case 11. (a) What is a hybrid contract? To determine if UCC applies, courts use the Pre- Dominant Factor Test. What is it? What do the courts look at Does the UCC apply in this case? Why? (b) How does the UCC define merchant? Is Joe a Merchant? Why? (c) what is the implied Warranty of Merchantability at UCC2-314? Who makes it? How breached? Did Joe Breach? Why? (d) what is a latent defect? Patent defect? Is time limitation to complain reasonable for patent defects but not latent defects? Why? (e) what is substantive unconscionability? Did seller use substantive unconscionability to his advantage? How? What may a court do under 2-302 when buyer claims substantive unconscionability? (8) May a buyer revoke his acceptance? 2-608 Under what circumstances? (h ) May Harry revoke? Why? Harry retained a plumber to install 10 new sinks and toilets in his investment property in Flushing New York. At the conclusion of the work, Joe the plumber gave Harry a bill in the amount of $3500 which included $1650 for labor and 1850 for parts and stated at the bottom: 'Purchaser has 48hrs in which to make any complaints; orherwise, all complaints are WAIVED abd payments must be made.' Ten days later tenants called Harry to complain that the toilets and sinks were not working. Harry called Joe to request service and Joe: "Read the bill; its too late for complaints. However, i will make a service call for $150." Harry rejected the suggestion and insisted that Joe take care of the problem. Joe said "NO!". Harry consults you about his rights under UCC. Can he maintain a claim under the UCC? If he gets sued for non payment, what defense(s) may he use? If he chooses to make a claim and can do so under the UCC, what theories of liability can he argue to the court? Effect? OUTLINE OF QUESTIONS FOR MIDTERM: Case 11. (a) What is a hybrid contract? To determine if UCC applies, courts use the Pre- Dominant Factor Test. What is it? What do the courts look at Does the UCC apply in this case? Why? (b) How does the UCC define merchant? Is Joe a Merchant? Why? (c) what is the implied Warranty of Merchantability at UCC2-314? Who makes it? How breached? Did Joe Breach? Why? (d) what is a latent defect? Patent defect? Is time limitation to complain reasonable for patent defects but not latent defects? Why? (e) what is substantive unconscionability? Did seller use substantive unconscionability to his advantage? How? What may a court do under 2-302 when buyer claims substantive unconscionability? (8) May a buyer revoke his acceptance? 2-608 Under what circumstances? (h ) May Harry revoke? Why
