LAW 421 Week 4 DQ 1-2 - 87814

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  • From: Law, Criminal Justice
  • Posted on: Thu 05 Feb, 2015
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1 Buyona wishes to purchase a used widget.  She goes to Sellena, the local widget dealer.  Sellena offers a used widget to Buyona for the price of $750.  Buyona states that she only has $500.  Sellena states that, if she were to sell the widget for only $500, or any amount less than $750, then she could not provide any warranty as to its merchantability, fitness for any particular purpose or any other warranty.  Buyona then states that she will pay $750 for the widget.  Since she only had $500 on her, she paid Sellena the $500, took the widget with her, and agreed to return shortly with the remaining $250.  Prior to returning with the $250, though, Buyona attempts to use the widget but discovers that it fails to work properly. When Buyona attempts to return the widget, Sellena refuses it, claiming that since she never received the additional $250, the widget had no warranty.  If you are on either Learning Team A or C, present the argument which Buyona may use in regard to the widget being covered by all applicable UCC warranties.  If you are on either Learning Team B or D, present Sellena’s argument as to why no such UCC warranties cover the sale of the widget. 2 Builder is doing some construction work.  Needing bricks, he goes to Mason, the local brick maker.  Mason typically sells bricks to the public for $1.00 per brick.  Typically, such sales are for 500 bricks, at the most.  Realizing that this will probably be a much bigger sale, Mason states that he will give Builder a good price for the bricks.  The contract states that Builder will buy $2,000 worth of bricks to be delivered to the construction site on or before April 1.  Based on other brick purchases he has made in the area, Builder expects that he will receive 4,000 bricks, which is what he needs for the building.  On April 1, Mason delivers 3,000 bricks to Builder.  Needing to finish the building on schedule, Builder has no choice but to use the bricks as delivered.  Builder then tells Mason that he expects to receive another 1,000 bricks for his $2,000.  Mason refuses to deliver them.  If your first name begins with letters between A - K, inclusive, present the legal argument on behalf of Builder.  If your first name begins with letters between L - Z, inclusive, present the legal argument on behalf of Mason. 
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