Question
Mike went with his girlfriend to Bill's Furniture Store to purchase a living room set. When he found one that he liked, he told the
Mike went with his girlfriend to Bill's Furniture Store to purchase a living room set. When he found one that he liked, he told the salesperson (Jim ) that he required time to check his finances to make the purchase. Jim advised that "these units are going fast" but he would hold the "Royal Prince" living room set for him for ten days at a cost of $2,500 and he wrote the name of the unit, the cost and time frame on his business card and gave it to Mike. Nine days later, Mike returned and discovered that the "Royal Prince" set was sold and no other "Royal Prince" units were available. When Mike demanded that the store honor the previous offer, Jim laughed and said: "what the heck are you talking about; you had your chance to make the purchase and you blew it. Go purchase a comparable model at twice the price from someone else!" Mike consults you about his rights, if any, under the UCC. Must Mike look elsewhere?
Question: 1)find the fact 2) find the issue 3) what law apply 4) conclusion
let me explain how answer should be format.
The facts,
Plaintiff bought high pressure toilets from hardware store in which ten days later, tenants called plaintiff to complain that the high pressure toilets were not working properly. Plaintiff called Hardware stores to request service to see whether the problems stemmed from installation or the equipment. Defendant said "Read your invoice, the time to complain has long since passed.
Issue
Whether "Customer time of 48 hours from date of installation to make any complaints regarding Labor or Goods will apply under the Uniform Commercial Code
Law
The UCC will apply therefore it achieved the goal of substantial uniformity in commercial laws and, at the same time, allowed the states the flexibility to meet local circumstances by modifying the UCC's text as enacted in each state
The time can be enforced provided the quantity required by the assignee is not unreasonably disproportionate to original quantity Under UCC Firm offers (offers by a merchant to buy or sell goods and promising to keep the offer open for a period of time) are valid without consideration if signed by the offeror, and are irrevocable for the time stated (but no longer than 3 months), or, if no time is stated, for a reasonable time there 48hrs will not respect the principals of UCC since the time frame has got limitation for the consumer to make a sound confirmation for the quality of the product they buy therefore plaintiff cannot be prevented from complaining
Reasonable time/good faith" standard such standard is required from a party to a contract indefinite as to time, or made indefinite by waiver of original provisions.
Conclusion
The fact remain that in ordinary business contracts all the parties must be satisfied with their sides of obligation and no party shall be unjustly enriched, therefore plaintiff has got a right to be given quality products
Step by Step Solution
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