- Published: December 15, 2021
- Updated: December 15, 2021
- University / College: University of Missouri, Columbia
- Level: Secondary School
- Language: English
- Downloads: 48
Commercial Law: Sale of Goods Under the Uniform Commercial (UCC), John’s Case against ABC is a case of implied warranties because most of the warranties where conducted through phone and not official writing was made (Cornell University Law School 1). Therefore, John presumed that the president of ABC was sure of his concerns. Fraud also comes into play under the UCC because the ABC president had assured John that they used the right material, but in reality they had used “ poly roofing,” which degraded material.
Under Section 14(2) of the 1994 Sale and Supply of Goods Act, a buyer should be sold to goods that are of high quality or at least the quality promised to by the seller (Goode 31). Under this UCC, John can claim that ABC’s president promised him that they roofing sheets were of high quality through the phone call and that is why he opted to buy them (Cornell University Law School 1). John can claim that the roofing sheets did not meet the fitness purposes for which goods of the kind of roofing sheets he wanted to buy meet. Such roofing sheets should be able to withstand poor weather. The roofing sheets lacked freedom from minor defects; they endanger the lives of the workers in the company safe and its durability was short term. John can file a claim against all these factors since ABC’s president promised him that all these issues will be addressed yet they were not (Hooley 19).
If someone has been sold a faulty product, then they are lawfully entitled to claim from the seller any direct expenses that they have incurred (Adams 53). John can, therefore, file a claim on the expense of restoring back his company. This includes the $125, 000 spent on the new roofing and the roughly $200, 000 lost on damages by the previously damaged roof.
Works Cited
Adams, James. Sale of Goods. London: Longman, 2012. Print.
Cornell University Law School. Uniform Commercial Code. N. p, 2014. Web. Goode, McKendrick. Commercial Law. New Jersey: Penguin, 2011. Print.
Hooley, Sealy. Commercial Law: Texts, Cases and Materials. New York: Oxford University Press.
