Worksheet on TARR
Prof. Bill Long 3/17/05
Note: Many of these problems will, in real life, have a warranty issue with them, too, but for purposes of trying to learn the TARR framework, I want you to leave aside the question of whether there is a warranty involved here. We will work on these in part of the class on 3/17.
1. B buys a new car from S. She picks it up and inspects it visually. Two weeks later she notices the car is not operating correctly. She takes it to a mechanic who tells her that the engine has many problems and needs to be replaced. B brings car back to S for replacement or refund. Has B accepted the car? Does B have a remedy under the Code?
2-4 [A real case] B buys a hearing aid from S. It is an A-660 Acousticon. Delivery is scheduled for 2/15. S orders a new and improved A-665 and delivery comes on 2/2. B rejects, saying he wanted an A-660. S says OK but it will take him a week to get the A-660. B says "forget it. I want my money back now." Does B have the right to reject? Does S have to refund the money? If S refuses to refund the money and delivers the A-660 by 2/15 anyway, what are B's options?
3. Let's say that the original A-665 is tendered to B on 2/14. B says the same thing as in the previous problem. S asks for more time, saying he will get it by 2/21. What are B's options at this point? If B wants his money back, what can S argue? Would your analysis change if S said that he would do all he could to get an A-660 as fast as he could?
4. What if tender of an A-665 was on 2/2 and B rejected, and then S let him know on 2/12 that he would be getting the A-660 on 2/15 as scheduled. He delayed in getting back to B because he wanted to make sure that one was in stock and he could do things by the contractually agreed-upon date. The A-660 was tendered on 2/15. What is your analysis now? Must B accept?
5. B's (from prob. 1) friend C buys a car from S. She wanted an olive green interior. When she picked it up she noted it was emerald instead. The salesman seemed very busy, so she didn't mention it to him but made a mental note to call him to let him know that it wasn't delivered according to the contract. She decided to "give it a try" to see if the emerald color "grew on her." After two weeks she decided it had not. She calls S and asks for replacement or refund, according to the contract. Has C accepted? Does she have a remedy?
6. B has yet another friend, D, who also buys a car from S. Two days after inspecting and picking up the car, D has a flat tire. She checks for the spare and finds that there is no spare tire. This upsets her because the car she bought has special radial tires that are very difficult to replace. She wants to return the car and get a refund. Which section of Article 2 will she appeal to? Will she succeed in her endeavor?
7. B goes into Circuit City to purchase a plasma TV. She sees the model, likes what she sees and orders one. She picks it up later that day and is asked to "sign for it." She signs the slip, which is titled with bold red lettering "ACCEPTED." Later that day she unpacks the TV and discovers that the vertical hold doesn't really hold. She rushes back to CC to return the TV and demands a refund. Can CC refuse to take it back, arguing that this act of B is not an adequate revocation of acceptance?
8. B contracts with S to purchase 1000 sweaters (total) in sizes M, L and XL. S sends the 1000 sweaters, but misreads the order and sends 1000 sweaters (total) in sizes S, M, L and XL. They are packaged according to "sets," so that B receives 250 "sets" of S, M, L and XL. B is disappointed, but needs the sweaters for her sale, and so breaks open the packages and puts the M, L, and XL sweaters on display for sale, putting the S in a corner of the storeroom until she can get around to returning them to S. By this action has B accepted? If so, what has she accepted? What does the Code say?
9. B has ordered drapes for her living room from S. Drapes are delivered. B notices after they are hung that they were short of contract specifications by about six inches. She calls S to complain. She can only reach S's answering machine. B says "I am rejecting the draperies you sent because they weren't of the right length. Come and pick them up." She then takes the drapes down and stores them in a closet. What else, if anything, does she need to do so that she isn't liable for the purchase price (she hasn't yet paid any of the $5,000 purchase price)?
10. Continuing from 9. S gets the message and writes a letter saying "Please have the drapes returned to me. I will give you a check for your trouble upon receipt of the drapes." What are B's obligations now?
11. B decides to do nothing. S doesn't call or write again. Several months pass. What are B's obligations now? B would like to donate them to charity. What would you advise her if you were her attorney?
12. B decides that instead of taking the drapes down that she will leave them up. After all, she needs drapes and it will take her a while to get replacements. Any problem with doing this?
13. B places a large order for seafood from S, a coastal distributor of fish. S arranges for the fish to be sent by a carrier, C. Unfortunately, C forgets to arrange for refrigeration and all the fish spoil en route. Nevertheless they arrive at B's place of business. Has S effectively tendered under the Code? If so, what is the problem under the Code?
14. Changing the facts from 13 only slightly. C forgets to arrange for refrigeration, but the weather was so cold that the fish stayed as firmly frozen without refrigeration as they would have with proper arrangements for refrigeration. Has proper tender occurred?
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