Due by 5pm Saturday, Feb. 6, 2015
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.
Posted: 4 years agoDue: 06/02/2016Budget: $10