Sample English Essay Paper on Legal Problems

Question 1

A: Yes, Kristine has unfortunately lost her right to reject the machine sold to her by Tammie. Also, she has the right to revoke acceptance of the machine if she accepted it on the reasonable assumption that it would be cured in the case of non-conformity, if the machine’s non-conformity impairs its value, and if the machine has not been seasonably cured.

I: The legal issue here is whether a buyer can reject a good once sold or revoke acceptance of such a good.

LC:  The legal concepts in this problem are those of rejection and revocation of acceptance.

Elements of rejection:

  1. The perfect tender rule
  2. Made in a reasonable time
  3. Not effective unless the buyer reasonably notifies seller

Elements of revocation of acceptance:

  1. Buyer has a reasonable opportunity to inspect goods
  2. Buyer signifies to seller that goods conform or do not conform to contract after the reasonable time to inspect goods

D: Rejection of nonconforming goods is considered rightful under the perfect tender rule and must always be made in a reasonable time once goods are tendered. Revocation of acceptance also occurs after the buyer has a reasonable opportunity to inspect goods sold and failure to revoke means signifies to the seller that sold goods conform to contract (Mann and Roberts 343).

Question 3

A: Benny has right of action against Sheree.

I: Where should the place of delivery of goods be if not agreed in a contract?

LC: The legal concept involved in the problem is “Place of Tender.”

Elements:

  1. Place for delivery of goods is always at the place of business unless otherwise agreed.

D: According to section 2-308 (a) of the U.C.C., the place of business is the best place for delivery unless otherwise stated or agreed in a contract (Mann and Roberts 343).

Question 8

A: Bain is correct since he is entitled to return the purchase price.

I: The legal issue presented in the problem is that a buyer has the right to inspect goods before acceptance and is always allowed a reasonable time to do so.

LC: The legal concept involved in the problem is “Inspection.”

Elements:

  1. Inspection of goods before acceptance
  2. Buyer must be allowed a reasonable time to inspect.

D: Bain inspected the goods the day after they were delivered by the carrier, and this was within a reasonable time. However, Bain found the good to be non-conforming and thus, had the right to reject them (Mann and Roberts 342).

Work Cited

Mann, Richard A, and Barry S. Roberts. Essentials of Business Law and the Legal Environment. Mason, OH: South-Western Cengage Learning, 2013. https://books.google.co.ke/books?id=sFFR3y510R0C&pg=PA342&dq=Performance+by+the+Buyer&hl=en&sa=X&ved=0ahUKEwjirumel-zZAhWgOsAKHT2iD9YQ6AEIRDAF#v=onepage&q=Performance%20by%20the%20Buyer&f=false