Baseball Bat Case

In: Other Topics

Submitted By H0nestsweety
Words 395
Pages 2

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.


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


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.


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

Similar Documents


...Baseball is America’s pastime for the last one hundred years. Baseball has brought joy and happiness to many people’s lives throughout the years. Baseball is theater to many people. It shows the struggle between two different teams playing their hearts out to win a championship; just like two countries going to war. Baseball has many star players and many great players that people have grown up with and idolized. Children play games in the local park pretending that they are Mark McGuire or Barry Bonds, hitting the game winning home run in the ninth inning with two outs to win the World Series. In my essay, I will be describing the ritual that I gravitate to. I will convey the six elements of theater while describing the ritual that I gravitate to: baseball. First, there are the baseball players. They are the actors in this particular genre of theater. They play nine different positions on the field on defense, while the opposing team only has one person on the field batting. If he reaches one of the bases, another person will also bat. The players play the biggest part at a baseball game. They produce all of the excitement that can drive the fans crazy. They do this by hitting homeruns, making spectacular catches, and striking out opposing batters. Second, we have the managers and umpires. They play the part of the director. The manager determines who gets to be on the field, what position they play, and what they should do while batting. The manager can take a player......

Words: 423 - Pages: 2

Kansas City Baseball Case Study

...Kansas City Zephyrs Case Study Chad Dellworth Case: Kansas City Zephyrs Baseball Club: A Baseball Accounting Dispute ACCT 6350 1. How Should Bill Ahern resolve each of the accounting conflicts between the owners and the players? After meeting with both the owners and the players, Bill concludes that the three main accounting areas of concern between both parties are: * 1) Roster depreciation * 2) Player compensation * 3) Owners’ stadium fees In all of three of these conflicts, I noticed that the players tend to make more assumptions about the owners’ intentions than they do factual statements regarding sound accounting principles. I only mention this because Paul, the players’ lawyer, felt that the owners were being greedy and “hiding” profit in their accounting books rather than split their extra income with the players. According to our class reading Accounting for Property, Plant, and Equipment and Other Assets, all assets—in this case being the players—have a depreciation value. Unfortunately, PBPA goes against this statement by claiming that the players shouldn’t be depreciated at all; in fact, they went as far as to say that the players add value if anything. Now I don’t exactly claim to be an expert on baseball myself, but I know enough to safely say that baseball players tend to wear down over time. For example, pitchers are known for having shorter careers by throwing out their arm. Therefore playing baseball has to be taxing, not to......

Words: 305 - Pages: 2

Baseball Broken Down Into Numbers

...DeVry University College of Liberal Arts & Sciences Pomona, California Baseball Broken Down into Numbers Baseball Numbers 1 Did you know that baseball was being played before the American Civil War? Baseball is one of America’s greatest pastimes. This sport is highly valued because unlike other sports it doesn’t require a specific height or weight. This is very rare to find in a sport because weight and height affect the whole game in other sports. Baseball has many great statistical aspects. One of these great statistical aspects is batting average. A player can have the worst batting average and still be considered a legend. For example, a player can hit with a .220 batting average, but still be considered an excellent ball player due to their playmaking defensively. Although batting is important being a well-rounded player is a concept that is valued higher. Can you believe that a batter can strike out at the plate multiple times and still be considered to be a great player? Pitching is a big part of baseball. Pitching is an aspect of baseball that determines if a team wins or loses. It is very difficult challenging to pitch and hit pitches. Throwing pitches is challenging due to the amount of skill needed to pitch. A pitcher will need to be able to throw a variety of pitches ranging from fastballs to change-ups. Hitting them is, in......

Words: 1358 - Pages: 6

Kansas City Zephyrs Baseball Club Case

...KANSAS CITY ZEPHYRS BASEBALL CLUB This case illustrates some basic accounting issues in a controversial setting. There are two parties in the case, which are Owner-Player Committee (OPC) – owners’ representative of the 26 major baseball league teams in collective bargaining negotiations and Professional Baseball Association (PBPA) – the player’s union. As we know, the baseball team owners and the players association were engaged in collective bargaining negotiations, so Bill met with Keith (Zephyrs' Owner) and Paul (player). In my view, I think Paul (the player) is right, and I want to explain in 5 areas as following: Roster Depreciation The owners point out depreciation on the player roster at the time the baseball club was purchased. 50 percent of the purchase price is designated as the value of the player roster at that time. This amount was capitalized and is being amortized over six years. He disagrees that the depreciation is real, because he thinks that most of the players actually improve their skills with experience. The value of player rosters appreciates and depreciates over time. I agree that the roster appreciates as the players become more experienced. Good trades and coaching will increase the roster value, but injuries and retirements will decrease it. Overstated Player Salary Expense 1、Amortization of Signing Bonuses The players think the owners overstate player expense in several ways, so Paul comes up with 3 adjustments. One is...

Words: 677 - Pages: 3

Kansas City Zephrys Baseball Club, Inc. Case Study

...Kansas City Zephrys Baseball Club, Inc. Case Study Issue: The PBPA believes the OPC should share with the baseball players the profits of the major league baseball teams Who is right? & Why? Roster depreciation Regarding roster depreciation, I would agree with the PBPA lawyer, Mr. Hanrahan, that depreciation expense should not be included in the income statement of the team since there are no plans on selling the equipment, only plans of sharing profits with the team players. Besides, experience can definitely add value to the team and increase revenue for the team. The better the players become, the better the games, the better the games, the greater the audience. Who is right? & Why? Overstated player salary expense Spreading players’ bonuses over the length of the player’s contracts would effectively reduce the Salary Expense per year for the team and better distribute salary expense over the player’s contract, but that would effectively defeat the purpose of the bonus. In my opinion, the transaction has to be recorded when it happens. Those bonuses are paid in the signing year of the player to motivate the player to play good. Changing this would be a very controversial issue since many players may want to get their bonus in advanced. Although, I don’t agree with distributing the player’s bonuses over the life of the contract like Mr. Hanrahan proposes, I would definitely agree with him that right thing to do is to report only the Salaries paid to the......

Words: 796 - Pages: 4

Kansas City Zephyr Baseball Case

...KANSAS CITY ZEPHYRS BASEBALL CLUB: A BASEBALL ACCOUNTING DISPUTE     This case is used to illustrate some basic accounting issues in a controversial setting.  The controversy arose because the baseball team owners and the players association were engaged in collective bargaining negotiations and the outcome of those negotiations depended on the parties’ agreeing on the true profitability of the baseball business.   The case describes 3 areas in which the accounting is being disputed: 1.              Roster depreciation; 2.              Player compensation; 3.              Transfer pricing of related party operations (stadium costs);   1.              Roster Depreciation   The owners recognize depreciation of a value placed on the player roster at the time the baseball club was purchased apparently just because tax rules allowed them to do so.  Tax rules allow this value to be set arbitrarily at a maximum of 50% of the purchase price (It would be foolish to set it at a lower value for tax purposes).  The depreciation is spread linearly over six years and comes to $2m per year.  The players do not feel that any roster depreciation should be shown: if anything, they argue, the roster appreciates as the players become more experienced.  The economic truth is that player rosters - baseball clubs’ most valuable assets - appreciate and depreciate over time: good scouting, trades, and coaching increase the roster value.  In contrast, injuries and retirements decrease it. ...

Words: 549 - Pages: 3

Case Analysis 10-3 Kansas City Zephyrs Baseball Club, Inc.

...always be sold for huge profits? How should Bill Ahern resolve the accounting conflict between the owners and players? How much did the Kansas City Zephyrs Baseball Club earn in 1983 and 1984? Facts This case shows that how different accounting methods can lead a company to different positions. That is what Bill Ahern was selected on April 9 to focus on reviewing the finances of the Kansas City Zephyrs Baseball Club, Inc., which was bought on November 1, 1982 by five shareholders for $24 million, because both the representatives of the owner of the 26 major league baseball teams and the professional players association agreed that Kansas City Zephyrs Baseball Club’s operations were representative, and the baseball club entity was not owned by another corporation, and it did not own the stadium where they play. So Bill Ahern was reviewing their finances on April 17, 1985. He had to make a difficult judgement in next two days. He spent Tuesday reviewing the history of major league baseball and the relationship between the various entities. On following day, Wednesday, he met with the twi Zephyrs owners’ representatives, and On the following Monday, Bill Ahern met with the representatives from Professional Baseball Players Association and their lawyer. The problem that was needed to be resolved was weather the major baseball league was profitable or not. The players thought that they should share the teams’ profit. Because there was a rumor about the owners were hiding......

Words: 1721 - Pages: 7

Sport of Baseball

...Abstract As you read, you will learn about the wonderful game of baseball and a different outlook on the sport. It is a popular sport in America. The rest of the world looks to America as a guiding force. They view America as the baseball empire of the world. Major league baseball is the envy of the world. Baseball has very broad cultural, social, and geographic impacts that go deeper than we think. We will briefly examine the diverse and changing social, economic, and political meanings of this activity in different countries. Baseball has failed in the promotion in many European and African societies and we will discuss why. Baseball is an international sport that brings great experiences and great memories that last a lifetime. It can be very important in the bond of family. The swing, techniques, bat and balls are important and we will learn why it’s important to have proper training. Also you will read about players that have tarnished the sport and players that have changed baseball forever. Mainly this is a view of the importance of the sport worldwide and how it has changed the world through the guidance of American baseballs influence on the rest of the world. Sport of Baseball Internationally this game is viewed as a very powerful game. Baseball is the same in many ways all over the world. Every player is aiming to knock the ball out of the park or just feel lucky to get on base. Although the game has changed, the history of......

Words: 4423 - Pages: 18

Baseball Bat

...inherent in the facts of the case make for a great story. The court wants the facts of the case not a “Great Story. Choice of wording makes it a difficult read. The baseball bat was broken from the outset when it was bought by the plaintiff. Statement is not clear. Did the plaintiff know the bat was broke when they bought it? Did the plaintiff inspect the bat for damage or how much the cut of the wood strayed from the grain? Without that information I would omit that sentence. Therefore, the defendant should have to return the baseball bat and pay the money back to the plaintiff that plaintiff paid for said bat .Defendant would not be the one returning the bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. The statement used the bat to play baseball” could leave room to believe the plaintiff used the bat for other purposes. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (“U.C.C.”). INDUSTRIA DE CALCADOS MARTINI LTDA. v. MAXWELL SHOE CO., INC. No. 92-P-1322 APPEALS COURT OF MASSACHUSETTS 36 Mass. App. Ct. 268; 630 N.E.2d 299; 1994 Mass. App. LEXIS 274; 23 U.C.C. Rep. Serv. 2d (Callaghan) 89 December 20, 1993, Argued March 21, 1994, Decided. Also, there’s a case that expounded upon this issue and told us that a baseball bat can’t crack when......

Words: 935 - Pages: 4

Baseball Bat Assignment

...Re: Baseball Bat purchase by Plaintiff Summary of Facts Plaintiff purchased a baseball bat from Defendant. After purchasing the bat, the plaintiff used the bat to play baseball and the bat broke. Plaintiff wants his money back for the defective bat. Issue Presented The issue is whether the implied warranty of merchantability was violated and plaintiff is entitled to a refund. Applicable Law Under the Uniform Commercial Code §2-314 Implied Warranty, Merchantability, Usage of Trade, products sold must meet standards to satisfy the intended purpose for that product. If in fact the product does not meet those purposes, then it is deemed to be defective and in violation of the warranty of merchantability. U.C.C. § 2-314. Industria De Calcados Martini Ltda. v. Maxwell Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct. 1994). In this case the court found “that Martini was liable for breach of the implied warranty of merchantability, because the shoes received by Maxwell were defective and could not be sold by Maxwell in that condition.” The court affirmed that goods must be fit for the ordinary purpose for which such goods are intended. Dudzik v. Klein's All Sports, 158 Misc. 2d 72 (N.Y. J. Ct. 1993). In this case the court found “plaintiff is entitled to a complete cash refund for a defective specialized unbreakable baseball bat purchased from defendant that twice developed internal cracks rendering it useless for the purpose of hitting baseballs.” ......

Words: 404 - Pages: 2

Kansas City Zephyrs Baseball Club, Inc. Case Study

...Kansas City Zephyrs Baseball Club, Inc. Case Study Antecedents: the Professional Baseball Players Association (PBPA) and the Owner-Player Committee (OPC) were engaged in a collective bargaining dispute where the PBPA believes they should share in the teams' profits. The OPC maintains, however, that the teams were losing money each year. Both sides had independent meetings with an arbitrator to evaluate and recommend a viable decision ”Who is right?” The case illustrate major areas in which both sides disputed the way the financial information is been presented, and the way key accounting concepts had been used taking in consideration the recognition of revenues and the matching concept: 1. - Players salary expenses, current roster salary, amortization of signing bonuses and non-roster guaranteed contract expenses 2. - Roster depreciation expense 3. - Related-party transactions (Stadium operations) 1. - Players salary expenses, current roster salary, amortization of signing bonuses and non-roster guaranteed contract expenses. A significant portion of players’ compensation packages is not paid in cash immediately. PBPA think the salaries due to players who are no longer on the roster should be recognized when the cash is paid out and not when the players leave the roster, GAAP however only allow the deferred compensation to be expensed when earned. Therefore, OPC is right. Some part of players’ signing bonuses as per the PBPA suggestion should be spread over...

Words: 549 - Pages: 3

Baseball and Physics

...Baseball has and always will be a part of my life. I have grown up playing the sport since I was a small child. As of late i have had the opportunity to discuss physics and get a better understanding of the forces involved in everyday life. Each and every day physics of all types are continuously happening around us all. We may not notice it, but that's because its all just normal for us now. From driving a car down Pacific Coastal Highway to looking West as we watch giant waves crash in to the coast. I'm taking this opportunity to show my understanding of physical science by explaining how and which forces are present in the sport of baseball. From throwing a ball, the build up of a swing all the way through the contact of the ball and the path of which the ball takes will be examined and explained throughout the course of this paper. One of the first quotes I came across after I decided to choose this topic was “ The physics of baseball is not rocket science. Its much harder” (Adair, R. (n.d.). Physics of baseball) One thing people want to know is how does a ball react to the impact of a baseball bat. To touch base on this subject I want to go through what type of energy is used. A ball is thrown and takes on a role of kinetic energy. Kinetic energy is anything with matter moving or in motion. As the ball speeds through the air and the bat and ball make contact there is a split second where that kinetic energy turns into potential energy. Potential energy is the stored......

Words: 1522 - Pages: 7

Baseball Paper

...Case Executive Summary Learning Team A Johnny Reed - Problem Statement & Analysis Sophia Myron - Hypothesis & Hyperlinks Ron Hunter - Limitations/Assumptions & Advantages of Statistical Analysis Justin Hartman - Graph & Workplace Examples Austin Rentsch - Conclusion & Recommendation Research and Evaluation II (RES/342) University of Phoenix August 10, 2009 . Problem Statement In business, the ultimate goal for most companies is to make a profit. In order to achieve profits, companies need people. With the world being full of varying and competitive candidates to fill positions, companies need to approach their desired staffing core with a cost benefit mindset. Although some consider baseball just a sport, baseball is also a business. Considering baseball as a business and considering that major league baseball has 30 teams, formulating a cohesive team that can produce the most wins and conduct a successful season is a goal that can mean profits for the team owners. Based on the data set provided, 53% of the teams spent less than the league’s salary means and had equal to or more than the league’s wins and losses mean. At the .05 level of significance, is it conclusive that 53% of the baseball teams that spent less than the salary means did in fact, have more......

Words: 1856 - Pages: 8

College Baseball Bat Rules

...Preserving Players or Pleasing Fans College baseball has had a unique past due to its controversial use of metal bats. While these bats allow players to hit the ball harder and farther than a typical wood bat could, they also cause injuries to players and, occasionally, spectators. The technology of baseball bats has greatly evolved over the years, allowing players to hit baseballs further, harder, and easier than ever before. During the 2011 college baseball season, the National Collegiate Athletic Association (NCAA) put a rule into effect that requires college baseball teams to use a new type of metal bat that has affects similar to those of wood bats. Between faster developing technology and players using old metal bats, which gave a trampoline type effect when a ball hit them, the game of baseball was looking dangerous. The NCAA was forced to change their rules regarding bats used during the game. The new rule that requires teams to use the new bats, which act more as a wood bat, has a positive effect on the game. NCAA baseball has become one of college’s top sports. Fans from across the country travel to Omaha, Nebraska every summer to attend the College World Series in hope that their team may win a national title. This year, college baseball has put a rule in effect that may change the game forever. The Collegiate Baseball Newspaper states that this rule requires all bats used by NCAA baseball teams to be under a certain bat-ball coefficient of......

Words: 1369 - Pages: 6

Aluminum Bats vs. Wooden Bats

...History Why Aluminum Bats should be Banned from the NCAA Crack! That was the sound of our nation's pastime in the early days of baseball. For nearly 125, years the wooden bat was used in every level of baseball. In Tom's River, New Jersey, the little league World Series is held every summer. Ping! This is the only sound that a spectator will hear during one of those baseball games. What happened to the old-fashioned crack of the bat? The wooden bat has been used in professional baseball since the game's establishment in 1864. An aluminum bat is more dangerous than a wooden bat due to the advanced technology of the aluminum bat, but offers a greater impact to a ball than a wooden bat could. For college ball players hoping to make it to the majors, they should be using the equipment required by the MLB in order to be the most prepared. Also, it makes it harder for scouts to determine how a player will perform under different conditions. This is why I believe the NCAA should play with the same standards as the MLB. The baseball bat controversy has been lingering over amateur baseball since the NCAA (National Collegiate Athletic Association) allowed the use of aluminum bats for the first time in 1974 (Adelson). Every year there is another injury to a pitcher as a result of the aluminum bat due to its exit velocity. The exit velocity of a ball plays a key role in determining the level of risk of injury. It is defined as the speed of the ball off the bat. The standard......

Words: 2293 - Pages: 10

Question Time | الراتنج الحرف | Игры