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Columbia Southern University Implied Warranty of Merchantability Discussion

 

I need an explanation for this Business Law question to help me study.

Case Assignment

Paul buys a toaster at the local appliance store. The toaster is in a box, factory sealed, and unopened. When Paul returns home and plugs in the toaster, it shorts out. Paul returns the toaster to the store and demands his money back. The appliance store manager tells Paul that he will fix the toaster by replacing a part. Paul refuses, demanding his money back. Does the appliance store have the right to repair the toaster instead of refunding the money?

If the time for performance has not yet expired, the seller may reasonably notify the buyer of his intent to cure, and then make a conforming delivery provided that the seller had reasonable grounds for believing that the non-conforming tender would be acceptable. Is this statement correct? Explain your answer, including the applicable UCC sections.

Instructions

  • Responses should be two-pages, double-spaced, in length