Question
Scenario: On November 29, 2017, Michael Jones purchased a used truck from Grimy's Auto and Truck Service. At the time of the purchase, Grimy's stated
Scenario:On November 29, 2017, Michael Jones purchased a used truck from Grimy's Auto and Truck Service. At the time of the purchase, Grimy's stated that the engine was completely overhauled and consisted of rebuilt and reconditioned parts, that all parts were guaranteed, and that invoices for all new parts would be provided. On December 13, 2018, after using the truck for over one year, Jones discovered that several engine parts were not rebuilt or reconditioned and that other engine parts were defective. These defects caused the truck to break down, resulting in lost wages and lost prots for Jones. Jones made repairs to the truck on December 13, 2018, December 16, 2018, and December 31, 2018. Jones did not attempt to return the truck and did not notify Grimy's that the truck was defective. The truck is currently disabled in Columbus, Ohio. Jones wants to sue Grimy's for damages for breach of contract.
Issue- Whether Jones continued to use the truck for more than a reasonable time after noticing the defects and failed to properly reject the truck and to notify Grimy's as to the defects.
Case A- A buyer of goods must alert the seller as soon as he discovers that the goods are not as agreed on. A buyer must rescind a sales contract as soon as he discovers the breach or after he has had a reasonable time for examination. The buyer waives the right to rescind a contract for the sale of goods by continuing to use allegedly defective goods for more than a reasonable time.
Case B- To meet the requirements of an effective rejection, the buyer must reject the goods within a reasonable time and reasonably notify the seller.
Topic Question(s):
- Draft a paragraph in which you synthesize the holdings of the cases.The issue that you will address is provided. Remember that proper synthesis requires you to relate the authority to a common legal theme. The problem's issue will guide you in synthesizing the authority.
- Based on your rule synthesis, prepare a brief answer to the issue provided above.
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