1. Marcos’s backyard pool, which measured 35 feet by 18 feet, needed a new filter. A sales brochure stated, “This filter will keep any normal backyard pool, up to 50 feet by 25, clean and healthy all summer for a minimum of 5 years.” Marcos signed a sales contract, which included this disclaimer: “The filter will work to normal industry standards. This is the only warranty. No other statements, written or oral, apply. Pools vary widely, and the Seller cannot guarantee any specific level of performance or cleanliness. Buyer agrees to this disclaimer.” The filter failed to keep Marcos’s pool clean, and he sued for breach of warranty. Who should win? Why?
2. A seller can disclaim all implied warranties by stating that goods are sold “as is” (or by using other, more specific language). Is this fair? The UCC’s implied warranties seem reasonable—that goods are fit for their normal purposes, for example. Should it be so easy for sellers to escape their obligations?
3. After learning more about implied warranties and disclaimers, would you ever buy an item sold “as is”? Imagine a car salesperson who offers you a car for $8,000, but who also says that they can knock the price down to $6,500 if you will buy the car “as is.” If you live in a state that does not give consumers special protections, which deal would be more appealing?
4. Under the UCC’s Statute of Frauds, sale-of-goods contracts for $500 or more must be in writing to be valid. But since Article 2 only covers sale-of-goods contracts, agreements to sell services are not subject to the rule. Should the common law change so that all contracts valued at $500 or more have a writing requirement, or would that place an undue burden on businesses?
5. When an acceptance contains additional terms, the UCC and the common law contain different rules. The common law’s mirror image rule makes the acceptance ineffective, and no contract is formed. But the UCC rules “save” the contract. Which rule do you think is more sensible?
Please include ai and plagiarism reports. Please use peer-reviewed sources.
