Baseball Bat Case

In: Other Topics

Submitted By H0nestsweety
Words 395
Pages 2
Relevant
Facts

The plaintiff purchased a defective baseball bat from the defendant. The defendant claims the first time that he used the baseball bat, it shattered to pieces. Since the baseball bat was defective from the time the plaintiff purchased the bat, he feels he should be refunded for the item.

Issue
Presented

The issue in this case is whether the bat shattering to pieces violates the Implied Warranty of
Merchantability under the Uniform Commercial Code (UCC).

Rule

According to the case of Dudzik v. Klein’s All Sports, a baseball bat can’t crack when it’s used normally or the seller has to provider the buyer with a refund for the product. LaurenceDudzik v. Klein’s All Sports, 158 Misc. 2nd 72 (N.Y. J. Ct. 1993).

Also, according to the Appeals Court of Massachusetts, a baseball bat shattering into a million pieces, violates the implied warranty of merchantability. Industria De Calcados Martini Ltda v. Maxwell Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct.1994).

Both cases cite § 2-314 of the Uniform Commercial Code (UCC).

§ 2-314. Implied Warranty: Merchantability; Usage of Trade.

(2) Goods to be merchantable must at least be such as

(a) pass without objection in the trade under the contract description; and

(b) in the case of fungible goods, are of fair average quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and

(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and

(e) are adequately contained, packaged, and labeled as the agreement may require; and

(f) conform to the promises or affirmations of fact made on the container or label if any.

Analysis

The plaintiff bought a baseball bat from the defendant. After…...

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