moped question on my final exam

Sullivan & Sullivan,llp /

Hardest final of law school so far. This kind of made me smile though.

"Buyer sends purchase order for one moped, contained in the small print is an express warranty for 2 years. Seller sends acknowledgement form with a disclaimer of all warranties. Neither read the forms, the moped is bought and shipped. Is there a warranty?"

What do you guys think? I'll give you a hint, you needn't look further than UCC 2-207(3).

Re: moped question on my final exam

Noice

Re: moped question on my final exam

RADIUM CITY JO$HUA /

No warranty because the buyer agreed to the sellers terms.

Re: moped question on my final exam

after reading further

i'll say no warranty.

the offeree's acceptance is expressly made conditional on assent to additional or different terms" is that only those exact words will act as a rejection of the offer.

mopeds won't last 2 years anyways

Re: moped question on my final exam

Here's my drunk take:

2-207(3) would only tell you there is a contract. The question is what are its terms, specifically, is there a warranty?

Applying the common law mirror image rule, the "acknowledgement" operates as a counter-offer. It is thereafter accepted by the parties' conduct. There is no warranty under the common law.

Under 2-207: Because a warranty is a material term, the first question is whether the "acknowledgement" is an acceptance at all. If it's not, it's a counter-offer. Following this, because the parties formed a contract under (3), there would be no warranty.

If it is an acceptance (it probably is), you move on to subsection (2). It's not clear that the parties are merchants. If they are not, there is a warranty. Caveat: this is assuming there is no difference between different and additional terms for purposes of 2-207(2).

If they are merchants: Because a warranty is probably a material term, the absence of warranty materially alters the contract. Assuming the absence of a warranty is an "additional" (as opposed to different) term, it would not become part of the contract. Therefore, there would be a warranty.

Re: moped question on my final exam

Sullivan & Sullivan,llp /

2-207(1) killed the common law mirror image rule. 2-207(2) only deals with additional terms, so you have to go to 2-207(3) which is called the knock out rule.

Last sentence of 2-207(3): In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act.

So the warranty and disclaimer of warranty knock each other out and you look to the rest of the UCC for "gap filler" instead of applying common law.

Under 2-314(1):a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.

Bam. Moped Warranty.

Re: moped question on my final exam

Salsa Salsa /

You guys suck so much.

Re: moped question on my final exam

(Casserollers) ∴ Μ Λ Ι Ζ Σ ∴ Wrote:

-------------------------------------------------------

> You guys suck so much.

lol

Re: moped question on my final exam

Brandon Compton /

yay i guessed right!!

Re: moped question on my final exam

It was an express warranty on a Moby.

No dice.

Ones a noped , one's a moped.

Re: moped question on my final exam

Jimbo Grand Daddy /

^

Re: moped question on my final exam

good luck Corey. Are the PANTS playing anywhere soon?

Re: moped question on my final exam

Cosmo nPuch Stillstolen /

My guess is that there is a warranty.

The word "express" caught my eye.

That word means it's not implied, but expressed---stated.

Edit: Like Harvard law professors and progressive types: It's all about re-defining words. (edited)

Re: moped question on my final exam

I Look Like Shit /

damn im trying to balance punk rock and the law (and a moped) as well... good year for punk releases, fuck the UCC and CISG foreeevvveeer though

Re: moped question on my final exam

Sullivan & Sullivan,llp /

it's a tough balance, i haven't done any punk rock (or mopeds for that matter) in a loooong time. there's talk of maybe a reunion show towards the end of the summer though. i have a week off from the summer session in which time i'm hoping to finish building the only bike i have left.

starting next week i have to write a 50+ page appellate brief arguing that juveniles who commit 1st degree murder before they're 17 are constitutionally barred from receiving mandatory life without parole sentences. way more fun than playing basement shows and riding mopeds with my friends!

but ya, UCC sux. Thankfully I didn't have to worry about CSIG.

Re: moped question on my final exam

I Look Like Shit /

i remember shows... then i moved from philly to central pa for skool... and that was the end of that.. now me and the girl and our cat family are the only ones who listen to punk records for miles

have fun with your brief!

Re: moped question on my final exam

Rob @t ATTN! Burrito /

M there's plenty of punx left around central PA. they just look different (normal).

Re: moped question on my final exam

I Look Like Shit /

yeah that makes sense... ive softened up... cant even drink mickeys anymore... caught myself eschewing the showerbeer for the showerwine???? adulthood is tough

a guy got shot in the chest five blocks from here yesterday... brought me back to philly... except, guy got shot off his scooter so everyone i know said to be careful on the ped, dudes gettin shot on two slow wheels

Re: moped question on my final exam

warranties are useless

thats the right answer

Re: moped question on my final exam

Jimbo Grand Daddy /

They were probably talking about chinese scooters.

Re: moped question on my final exam

Sullivan & Sullivan,llp /

Last semester i had a professor named malaguti

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