Read the
following fact pattern and cases carefully. Draft a paragraph in which you
synthesize the holdings of the cases. The issue that you will address is
provided as well. 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.
Facts On
November 29, 2014, 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, 2015, 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 profits for Jones. Jones made repairs to
the truck on December 13, 2015, December 16, 2015, and December 31, 2015. 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.
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