The uniform Commercial Code Essay Example | Topics and Well Written Essays - 1000 words

The equivalent Commercial Code - Essay ExampleThe UCC is used by every jurisdiction in the unify States except for Louisiana. obligate 2 of the statute only governs a contract for the sale of goods (movable property only)2, and is roughly often used to resolve contract disputes of that nature. Other types of transactions are governed by the different Article in the UCC. The statute is governed by TARR, which refers to tender, acceptance, rejection and revocation. When a emptor intends to purchase goods, he is entitled to reject such goods, if the goods do not meet the conditions set out in the contract (tender stage). A buyer whitethorn accept the goods in such belief, that the manufacture will repair the problems, which are under warranty (acceptance stage). However, if a buyer finds a problem with the goods, he may reject the goods within the reasonable time (rejection stage), or during the revocation stage. The provisions of UCC are applicable to the sale of goods in the Uni ted States however, it is subject to United Nations regulation for the international sale of goods if parties to a contract choose not to be governed by the statute. Applicability of the UCC Sections congener to Zabriskie Case In this case, Mr. Zabriskie purchased a clean elevator car 1966 Chevrolet Biscayne and gave a check for payment. Later on he went for a drive with the said car on the same day, it got spoilt within 2.5 miles away, and he now gave instructions for the said check not to be paid. The dealer argued that he (buyer) could not reject the car as he had taken a test drive and was satisfied vehicle. He also argued that it was a reasonable probability for him to inspect the product. The court held that Driving for a few miles was significant to the buyer, since it was his reasonable opportunity to enjoy his new vehicle and to see if it conforms to the agreement. How long the buyer may have driven the new car under the guise of inspection is not an issue as it is wit hin the ambit of a reasonable opportunity to inspect. If the consumer has used the new car for a long period of time, article 2 of the UCC3 provides that a buyer may refuse to accept the goods if the defects impair the goods too much. The article also provides this when the buyer has accepted the goods without discovery of non-conformity because it was difficult to discover, or if he was assured that non-conformity would be repaired. In explaining the reasoning, the court delineate non-conformity truely impairing the value of the vehicle as 1) Having many small defects whose cumulative value added up to a big impairment- This is the shake faith doctrine first stated in the Zabriskie case. 2) One that includes a also-ran or refusal to repair the goods under the warranty- Substantial non-conformity and lemon laws often defines what may be considered a substantial impairment. Public Policy Consideration That Support the Decision in the Zabriskie Case and Other Cases like It Courts principal(prenominal) function is the administration of justice to all who come seeking justice. In doing so, they are guided by the principles of fairness and reasonableness in delivering judgments. When it comes to contracts, courts may refuse to enforce contracts containing unconscionable clauses at the time of organisation or only enforce the remainder of the contract without the unconscionable clause to prevent oppression and unsporting surprises to buyers this principle was considered in the Zabriski