Sunday, February 16, 2020

The uniform Commercial Code Essay Example | Topics and Well Written Essays - 1000 words

The uniform Commercial Code - Essay Example The UCC is used by every jurisdiction in the United States except for Louisiana. Article 2 of the statute only governs a contract for the sale of goods (movable property only)2, and is most often used to resolve contract disputes of that nature. Other types of transactions are governed by the different Article in the UCC. The statute is governed by TARR, which refers to tender, acceptance, rejection and revocation. When a buyer intends to purchase goods, he is entitled to reject such goods, if the goods do not meet the conditions set out in the contract (tender stage). A buyer may accept the goods in such belief, that the manufacture will repair the problems, which are under warranty (acceptance stage). However, if a buyer finds a problem with the goods, he may reject the goods within the reasonable time (rejection stage), or during the revocation stage. The provisions of UCC are applicable to the sale of goods in the United States; however, it is subject to United Nations convention for the international sale of goods if parties to a contract choose not to be governed by the statute. Applicability of the UCC Sections Relative to Zabriskie Case In this case, Mr. Zabriskie purchased a new car 1966 Chevrolet Biscayne and gave a check for payment. Later on he went for a drive with the said car on the same day, it got spoilt within 2.5 miles away, and he immediately gave instructions for the said check not to be paid. The dealer argued that he (buyer) could not reject the car as he had taken a test drive and was satisfied vehicle. He also argued that it was a reasonable opportunity for him to inspect the product. The court held that: Driving for a few miles was significant to the buyer, since it was his reasonable opportunity to enjoy his new vehicle and to see if it conforms to the agreement. How long the buyer may have driven the new car under the guise of inspection is not an issue as it is within the ambit of a reasonable opportunity to inspect. If the consumer has used the new car for a long period of time, article 2 of the UCC3 provides that a buyer may refuse to accept the goods if the defects impair the goods too much. The article also provides this when the buyer has accepted the goods without discovery of non-conformity because it was difficult to discover, or if he was assured that non-conformity would be repaired. In explaining the reasoning, the court defined non-conformity substantially impairing the value of the vehicle as: 1) Having many small defects whose cumulative value added up to a big impairment- This is the â€Å"shake faith† doctrine first stated in the Zabriskie case. 2) One that includes a failure or refusal to repair the goods under the warranty- Substantial non-conformity and lemon laws often defines what may be considered a substantial impairment. Public Policy Consideration That Support the Decision in the Zabriskie Case and Other Cases like It Courts’ main function is the administration of justice to all who come seeking justice. In doing so, they are guided by the principles of fairness and reasonableness in delivering judgments. When it comes to contracts, courts may refuse to enforce contracts containing unconscionable clauses at the time of formation or only enforce the remainder of the contract without the unconscionable clause to prevent oppression and unfair surprises to buyers; this principle was considered in the Zabriski

Sunday, February 2, 2020

Unemployment Rate or GDP OR CPI Research Paper Example | Topics and Well Written Essays - 500 words

Unemployment Rate or GDP OR CPI - Research Paper Example Thus, since GDP is a full representation of economic growth and production, it has a relatively large impact on nearly every aspect in the economy. When a certain economy is considered healthy, there are a number of related characteristics; low rate of unemployment and an increase in the level of wages as many businesses demand more labor in order to cater for the ever growing economy (Brezina, 20). Any slight change in the level of GDP is significant to a given economy since it affects the entire stock market. Economists have always argued that any bad economy is always associated with lower profits which implies that there are lower prices o stock in the markets. Thus, many investors in any economy will ever worry about the negative growth of GDP as it is a sole factor used to determine if an economy is on recession or not. A recession is associated with declining revenues in businesses, unemployment and layoffs (Lochner, 3). Moreover, when the growth rate of GDP is relatively fast, most Federal Reserve raise the rates of interest in order to stem inflation or rather the increasing prices in an economy. This could imply that the loans which are meant for homes and cars will become more expensive and thus businesses will experience high cost of borrowing. GDP is an extremely important measure in any country’s economy. Despite the fact that GDP cannot be easily determined, its value represents so many aspects in any given economy. This measure is significant to overall spending of a nation since depressions and recessions of a particular country are largely caused by the overall rate of spending. Furthermore, GDP is a measure of confidence since when the government, companies and individuals spend; it is a likely indication of a growing economy. However, when no one is spending, it is a likely indication of a contracting economy. Therefore, this