Select two of the three scenarios
Home Depot offers to sell Bill Casey, the purchasing manager for Canton Construction, 1000 ABS hard hats with reflectors for $10 each with a one-year period for action on breach of warranty. Casey copies Home Depot’s offer to his own form that contains a two-year period for action on breach of warranty preprinted on the back of the form, and sends the acceptance to Home Depot. Do the parties have a contract? Why or why not? If so, what are its terms? Please be sure to cite to the Uniform Commercial Code (UCC), which provides guidance in answering these questions.
Harold purchased a Jazzy Sport 2 Power Chair from GoMobility, an affiliate of the manufacturer, Jazzy Electric Wheelchairs. The sales brochure from Jazzy stated that all Jazzy products would “serve the buyer well for many years to come.” About 18 months later, Harold had problems with the Jazzy Sport and filed a breach of express warranty lawsuit against GoMobility and Jazzy Electric Wheelchairs. What arguments would each party make? Decide which party should win and provide support for your answer using the text materials, and/or the applicable law.
After renting a jet ski on vacation, Brandon decided to purchase a used jet ski from Clearwater Marine Equipment for $12,000. He gave $2000 as a down payment and financed the remaining amount. During his first outing, Brandon was speeding across the water when he realized that he was on a collision course with a boat. He releases the throttle but the ski loses directional control. The boat turns and they avoid a collision. After the close call, Brandon sees an isolated stretch of water that looks good for practicing his skills. Brandon has a blast doing S-turns and watching the seabirds flee from the Jet Ski. After about 30 minutes of fun, the Jet Ski stopped running. A boat pulls up and Brandon is optimistic that the boaters will help him; however, the boaters turn out to be from Florida Fish and Wildlife. The officers ticket Brandon for riding the Jet Ski in a bird sanctuary and violating the wake zone rules. Another boat tows the Jet Ski back to the coast. Brandon took the Jet Ski back to Clearwater Marine where the mechanic said the ski had defective pistons and repairs would be around $3,000. Brandon said if he had known how expensive jet skis were to own, he would not have purchased one. Clearwater Marine agreed to take the Jet Ski back and return the down payment. Brandon filed a lawsuit seeking damages in the amount of the sales price plus reasonable expenses related to his problems with the Jet Ski. Clearwater Marine claimed that the rescission of the agreement and return of Brandon’s down payment made him whole. Is rescission and restoring the party to his original position enough to compensate for a breach? Determine the outcome and provide support for your decision using the Common Law of Contracts and/or the UCC