Abigail has a litter of purebred Chihuahua puppies for sale. She puts the follow
ID: 362126 • Letter: A
Question
Abigail has a litter of purebred Chihuahua puppies for sale. She puts the following ad in the paper:
"Quoted for immediate acceptance-- purebred toy breed puppies for sale--$100 per puppy. Contact box 456."
Alex reads the ad in the paper and decides that $100 is a good price for a purebred puppy--the usual price for a purebred Chihuahua is at least $600 to $1000. He decides to buy. He sends a $100 check to box 456 with instructions to send the information as to when he can pick up his puppy to his home. Abigail receives Alex's note and the $100 check. However, by this time, she has decided that she cannot bear to part with these adorable dogs.
Abigail cashes the check and when Alex arrives at the agreed upon place, Abigail brings a 2 month old, Heinz 57 puppy (your basic mutt) she picked up at the pound. Alex takes the puppy, for he is not quite sure what a toy breed puppy should look like. In 6 months, his puppy, Wee Willie, weighs 57 pounds, and Alex is fairly sure Willie is not a purebred toy breed puppy. Alex sues Abigail for damages, but will not even consider parting with the dog. He does not want to give Willie back to Abigail. Although he is a big, ugly dog, Alex loves him.
The plaintiff Alex sues the defendant Abigail. The case perspective as the plaintiff in the case
Explanation / Answer
Answer :
The defendant's product wasn't what was specified in the Ad
"Quoted for immediate acceptance-- purebred toy breed puppies for sale--$100 per puppy. Contact box 456."
The plaintiff was right to sue the defendant, under uniform commercial code and Express warranty & buyers reliance.
Contract liability : UCC stands for uniform commercial code lays down an outline for commerce laws comprising of rules of sales etc in the United States. Mirror Image Rule is a type of contract law that requires the person / individual or the organisation making an offer to accept and deliver on the terms and conditions stated in the offer without deviating from it. Battle of the forms is a legal scenario where the person / individual or the organisation making an offer through a contract receives an acceptance to that invitation through a separate contract. In such cases the contract can be voided in the event of ambiguity or discrepancies.
Express warranty & buyers reliance is a right to warranty facilitated by the federal Magnuson-Moss Warranty Act. This entitles a buyer to claim warranty as long as he or she is able to spot a valid defect or a reason for reimbursement / return or replacement of the product or service within a short duration of time from the date or time of purchase for any product or service rendered or sold at or above 15 USD $