Question: Read the following fact pattern and cases carefully. Draft a paragraph in which you synthesize the holdings of the cases. The issue that you will
Read the following fact pattern and cases carefully. Draft a paragraph in which you synthesize the holdings of the cases. The issue that you
will address is provided as well. Remember that proper synthesis requires you to relate the authority to a common legal theme. The problem's
issue will guide you in synthesizing the authority.
Facts
On November Michael Jones purchased a used truck from Grimy's Auto and Truck Service. At the time of the purchase, Grimy's stated
that the engine was completely overhauled and consisted of rebuilt and reconditioned parts, that all parts were guaranteed, and that invoices
for all new parts would be provided. On December after using the truck for over one year, Jones discovered that several engine parts
were not rebuilt or reconditioned and that other engine parts were defective. These defects caused the truck to break down, resulting in lost
wages and lost profits for Jones. Jones made repairs to the truck on December December and December Jones did
not attempt to return the truck and did not notify Grimy's that the truck was defective. The truck is currently disabled in Columbus, Ohio. Jones
wants to sue Grimy's for damages for breach of contract.
Issue
Whether Jones continued to use the truck for more than a reasonable time after noticing the defects and failed to properly reject the truck and
to notify Grimy's as to the defects.
Case A
A buyer of goods must alert the seller as soon as he discovers that the goods are not as agreed on A buyer must rescind a sales contract as soon
as he discovers the breach or after he has had a reasonable time for examination. The buyer waives the right to rescind a contract for the sale of
goods by continuing to use allegedly defective goods for more than a reasonable time.
Case B
To meet the requirements of an effective rejection, the buyer must reject the goods within a reasonable time and reasonably notify the seller.
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