Premium Essay

Baseball Bat Assignment

In:

Submitted By jcsegear
Words 404
Pages 2
MEMORANDUM

From: Student

To: Reader

Date: September 19, 2016

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.” The court affirmed that the baseball bat was defective and the warranty of merchantability violated because it broke when used for the purpose in which it was intended.

Application to Our Case

The Uniform Commercial Code requires that goods that are sold must be in a condition fit for the use in which they were

Similar Documents

Premium Essay

Chamspot

...Zhiwei Duan ChampSport Report ChampSport is a company which focus on the sporting goods, particularly in the various racket sport arenas. A new idea of replacing metal baseball bats by the use of the alloy was under considering. After I calculated the beta, NPV, and NPV sensitive analysis, I high recommend that we should accept this project. For the Beta calculation, I collect the industry data and average them to get the average asset data, which I think is more reasonable to explain the level of the risk for the ChampSport INC. Then I conduct the equity beta for ChampSport is 1.01. Finally, I got the 7.43% as the result of the WACC. (See Comparable Firm sheet) After that, I do the NPV analysis. When calculating the Operating Cash Flow, I decide to omit the expense of the research and development cost since it is the sunk cost and will not affect the future project and profit. I also assume that the annual increase rate for price of the product is 2% and annual growth rate of sales is 10%. By doing that, I generate the operating cash flow and finally get the NPV $11,227,508 and IRR 18.54%. Based on our assumption, the NPV shows that really bright future and profit ability for this project. Finally, I also did the NPV sensitive analysis to see how much the effect of WACC, annual growth rate of price and sales to the NPV. We can see that with the growth of the WACC to 12%, the NPV decreases to $5,355,268 and still keeps high positive. For the table of the NPV sensitive...

Words: 376 - Pages: 2

Premium Essay

Baseball Bat

...Legal Research and writing- Amy Glasscock-Williams Assignment 3 Critique: This story is replete with fascinating facts and the intricacies that are 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...

Words: 935 - Pages: 4

Premium Essay

Week 4 Essay Differences Between Local, State an Federal Prisons

...CJ 1130 Criminal Evidence Project Directions: Answer the following scenarios utilizing the Ohio Rules of Evidence or the Federal Rules of Evidence. Respond to each scenario using the formula detailed in class: 1) respond to the question 2) state the pertinent rule or concept, and 3) correctly apply the rule to the case. Papers must be word processed. No handwritten work will be accepted. Projects are due at the beginning of class on the day of your class meeting during the week beginning October 6, 2014. Due to the nature of the assignment, NO LATE PAPERS WILL BE ACCEPTED!!! Feel free to turn the project in early. 1. To impeach Walt Dipsey’s primary witness, the Evil Stepmother, Snow White plans to introduce testimony of seven diminutive witnesses in the neighborhood who will testify that the Evil Stepmother has a reputation for untruthfulness. On what basis can Dipsey exclude some of the witnesses? 2. Charles Foster Kane is arrested for possession of cocaine, which the prosecution asserts was contained in a “snowy” paperweight on Kane’s desk. The prosecutor offers as evidence a lab report stating, “The “snow” in the subject paperweight is 95% pure cocaine hydrochloride.” Is the report hearsay? Why or why not? 3. Peter Pan gives John, Wendy and Michael fairy dust to fly. He is arrested on narcotics charges. Wendy is called as a witness at trial. She can’t remember exactly what happened, but, when she is shown some notes she made at the...

Words: 979 - Pages: 4

Premium Essay

Connecticut Law

...Jessica Oliver June 10, 2015 Unit Four Assignment After reading this tragic and disturbing event, I looked at the Connecticut statutes to find the crimes Hayes and Komisarjevsky committed. Hayes and Komisarjevsky could be charged with the Connecticut statute, Sec. 53a-134. Robbery in the first degree: Class B felony. This statute states that: (a) A person is guilty of robbery in the first degree when, in the course of the commission of the crime of robbery as defined in section 53a-133 or of immediate flight therefrom, he or another participant in the crime: (1) Causes serious physical injury to any person who is not a participant in the crime; or (2) is armed with a deadly weapon; or (3) uses or threatens the use of a dangerous instrument; or (4) displays or threatens the use of what he represents by his words or conduct to be a pistol, revolver, rifle, shotgun, machine gun or other firearm, except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a weapon from which a shot could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime. Hayes and Komisarjevsky both broke into the Petits’ home and caused the family physical harm with a dangerous instruments (baseball bat and gasoline). Hayes and Komisarjevsky could...

Words: 712 - Pages: 3

Premium Essay

Head Injury Research Paper

...Head injuries are injuries to the scalp, skull, or brain caused by trauma. Concussions are the most common type of sports related brain injury. Other common traumatic brain injuries are caused by falls, vehicle accidents, assault, sports and more. A concussion happens when the brain is shaken hard and bounces against the skull, in sport related accidents this can happen if two athletes collide, someone falls or gets hit in the head with sporting equipment like a ball or baseball bat. Traumatic brain injuries are bruises on the brain that can cause swelling and hematoma (bleeding in the brain) that forms a clot. Not only can you get a head injury from sports, but you can also be injured by other factors like tumors, and damages to the head....

Words: 377 - Pages: 2

Free Essay

Comparing and Contrasting Moneyball - Film and Novel

...Chris Uhle 11-17-2014 Global Sports Business Moneyball When Michael Lewis’ Moneyball was released it officially announced Billy Beane’s new way of thinking to the rest of the world. Before the book was written, only a small group of people really had a full understanding of how analytics were changing the evaluation process in the sport of baseball. Billy Beane had always been using unconventional ways in finding undervalued players, but Lewis’ book brought his in depth strategy to the forefront of the sport. In 2011, Brad Pitt and Jonah Hill starred in the film Moneyball. The movie did keep the same basic storyline as the book, however there were many differences between the two. One of the biggest disparities between the book and the film that I saw was in the way the film portrayed how the idea of Moneyball started. One of the first scenes in the movie has Billy Beane in Cleveland to discuss trade possibilities with the Indians. Beane notices that one of Shapiro’s (Cleveland GM) assistants is dictating who is tradable and confronts him after the meeting. The movie says this is the first time Beane is introduced to the world of sabermetrics and advanced analytics. While this makes for a good storyline, Billy Beane actually got the idea from former A’s GM, Sandy Alderson, not Peter Brand like in movie. This is a great exaggeration from the book as Brand is basically credited with the entire idea. In fact, Peter Brand was not even the real name of Beane’s assistant GM...

Words: 1214 - Pages: 5

Free Essay

Biol 1401 Essay

...built chandelier next to the victim and the glue stick that absentmindedly inspired the crumpled piece of paper must falsely call the stop sign, and the broccoli that luckily blasted open the silky gorilla behind the college degree and the mediocre python that calmly annoyed the subsequent pair of goggles reluctantly respect the Broadway singer. With the bent automobile, the ignorant pinwheel and the symbolic baseball bat that put up with the lumberjack carefully survey the canyon that condemned the garlic. The only telephone publicly respects the stuffed animal with the cup of coffee. The carriage with the camera may rudely go to the casserole that finally begged for the period with the chiropractor and the Choo-Choo train at the isthmus. Below the amazing dancer, the northwestern hippopotamus that imitated the eastern zombie from the muddy unicycle must falsely fall in love with the congested shopping mall at the appetizer and the old-fashioned pinwheel that sometimes pestered the splinter below the bumper sticker. The mustard catches the homework assignment by the indigestion problem, or the tissue that upchucked on the grammar class and the only newspaper fall in love with the ulcer. The social stomach and the southern celebrity that truly smelled like the spittle in front of the encyclopedia hesitantly appear as the other apostrophe in the train station. The nostril calmly needs the orange juice that summoned the werewolf above the landfill, but the mustard-loving...

Words: 529 - Pages: 3

Premium Essay

Demonstrative Communication

...James De Clue Dodd, Larry Week 2 Individual Assignment Demonstrative Communication Demonstrative communication is a process of communicating with an individual or a group of individuals. The sender is communicating how one is feeling or thinking. Demonstrative communication is communication that comprises the interchange of shared messages and deliberation through the procedure of verbal and nonverbal and active listening communication. When we communicate nonverbal, we are communicating messages with our nonverbal communication as if we are communicating verbally with others. Demonstrative communication can be affective or ineffective, as well as positive and negative. It is all depending on how the message is received and communicated. The information must be precisely communicated in a way the receiver can understand. If the message that was communicated by the sender is understandable and leave no question in mind, then the communication that was transmitted will be affective and positive. Here is an example of demonstrative communication, a message that is affective and positive. Lets us take a look at our home town baseball team, the Houston Astros. When a player of the Houston Astros is at bat the batter is making...

Words: 1070 - Pages: 5

Free Essay

Itt Tech

...Name: Colleen Losota Date: 11/1/2009 Week 8: Baseline Project 13 Baseline Project 13 - Sports and Statistics Math Support: Tool Book CD, Sections 1.8 Skill Level I I .Understand the Problem (a) In your opinion, what are the difficulties involved in making such a comparison? Answer: Ages were different, different materials are also used now to make up the bats. Mark McGwire also used steroids. (b) What data do you need to compare the performances of these athletes in an objective manner? Answer: How long each player played in the MLB. How many hits did they average per year, home runs, games played, etc. II. Devise a Plan (c) Identify some resources for acquiring the data that you need. Answer: Look online, espn.com, sports magazines, virtual library d) What type of graph do you think would be most effective at showing patterns in your data? Answer: A bar graph would be the most effective graph to show the data. III. Carry out the Plan (e) Construct a graph to summarize your data. Answer: see attached file f) Now that you have graphed your data, do you think that you need to do any additional research to make an objective comparison of Mark McGwire’s, Hank Aaron’s, and Babe Ruth’s batting careers? If so, what is it? Answer: No. I was able to gather the batting averages of all...

Words: 719 - Pages: 3

Premium Essay

Moneyball

...a story. The story concerned a small group of undervalued professional baseball players and executives, many of whom had been rejected as unfit for the big leagues, who had turned themselves into one of the most successful franchises in Major League Baseball. But the idea for the book came well before I had good reason to write it—before I had a story to fall in love with. It began, really, with an innocent question: how did one of the poorest teams in baseball, the Oakland Athletics, win so many games? For more than a decade the people who run professional baseball have argued that the game was ceasing to be an athletic competition and becoming a financial one. The gap between rich and poor in baseball was far greater than in any other professional sport, and widening rapidly. At the opening of the 2002 season, the richest team, the New York Yankees, had a payroll of $126 million while the two poorest teams, the Oakland A's and the Tampa Bay Devil Rays, had payrolls of less than a third of that, about $40 million. A decade before, the highest payroll team, the New York Mets, had spent about $44 million on baseball players and the lowest payroll team, the Cleveland Indians, a bit more than $8 million. The raw disparities meant that only the rich teams could afford the best players. A poor team could afford only the maimed and the inept, and was almost certain to fail. Or so argued the people who ran baseball. And I was inclined to...

Words: 101165 - Pages: 405

Free Essay

Moneyball

...English Mini-Assignment Theme | Elements of Fiction/Film Techniques | “In the right circumstances, the underdogs can also be the winner.” | * Theme, Characterization * Lighting, Audio, Setting, Editing | Thesis: The film version of the multi-award winning novel, Moneyball, is a strong adaptation of the story. The director, Bennett Miller, has succeeded in matching author Michael Lewis’ style by using a great sense of lighting, audio, characterisation, setting and editing to help capture the theme; underdogs can be winners in the right circumstances. Just like the book, the movie symbolized hope, unfairness and to never give up. List of 10 Passages: 1. ISU Novel Passage: " There was the bias toward what people saw with their own eyes, or thought they had seen... There was a lot you couldn't see when you watched a baseball game.” (Lewis 19) Elements of Fiction: Setting, Characterization and Conflict between what baseball managers see in baseball players. Film Adaptation: Billy and Paul (his name is Peter in the movie) are in the garage of the Cleveland Indians baseball team and they are both wearing a suit, and there are cars in the background. (Time: 0:20:39) Film Techniques: - Medium-Bright lighting to show enthusiasm - Over-the-shoulder shots - Inspirational music in the background to show inspiration of what Paul (Peter) is saying Analysis/Connection to Thesis: This passage and movie scene relates to the thesis because the thesis is about how...

Words: 2172 - Pages: 9

Free Essay

Gun Essay

...No Need for More Gun Control Justin Sullivan DeVry University Prewriting What is your narrowed topic? Be detailed in your answer. You can use any of the versions you’ve developed for prior assignments. My chosen topic is the for less gun control in our society. Who is your primary audience or reader? Why? Be detailed in your answer about your audience. My paper is written towards members of our society that believe more stringent gun control is needed. However, the paper will be presented to my professor and classmates. In a sentence or short paragraph, what is your thesis statement, including your angle? Write what will appear in your essay. My point is that What topic sentences will you use as the foundation of your communication? (If necessary, add more points.) * * * * What method of organization and development will you use to develop your paragraphs? * Introduction: * * Body: * * * * * Conclusion: No Need for More Gun Control Turn on a television to just about any news channel, or pick up a newspaper, whether it is local or national and you will most assuredly find a segment on some sort of gun violence. This may be a shooting at a movie theater, a busy market place, a gang fight, or God forbid, an elementary school. These events and other similar events have lead to a question that is prevalent across the country: Should there be more gun laws and therefore more gun...

Words: 2324 - Pages: 10

Premium Essay

Personal Narrative: An Interview With Mike Jacobs

...Sometime about 1935 or 1936 I had an interview with Mike Jacobs, the prize- fight promoter. I was a fledgling reporter at that time; my beat was education but during the vacation season I found myself on varied assignments, all the way from ship news to sports reporting. In this way I found myself sitting opposite the most powerful figure in the boxing world. There was nothing spectacular in Mr. Jacobs’ manner or appearance; but when he spoke about prize fights, he was no longer a bland little man but a colossus who sounded the way Napoleon must have sounded when he reviewed a battle. You knew you were listening to Number One. His saying something made it true. We discussed what to him was the only important element in successful promoting- how to...

Words: 816 - Pages: 4

Free Essay

Arrays

...CHAPTER 5 – ARRAYS CASE STUDY SCENARIO Sorting Data A dozen umbrellas lie on the ground just inside the classroom door when Dr. Taylor begins his lecture. “A cold, rainy day like today makes me want to stay in and order pizza for delivery rather than go out myself.” Handing a phone book to a student in the front row, Dr. Taylor says “Gail, please look up the phone number for Domino’s Pizza on Main Street, and if you don’t mind, I will time how long it takes you to find the number.” Gail flips through a few pages while Dr. Taylor looks at his watch. “Here it is . . . 555-8275,” she says. “Seven seconds. Thank you Gail.” Dr. Taylor presses some keys on his cell phone while continuing his conversation. “Now please look up the name of the person with the phone number 555-5982, and again I will time you.” Dr. Taylor’s focus returns to his watch even as he speaks into the phone. Gail slowly flips a couple of pages, then stops just about the same time Dr. Taylor ends his call. “I assure you the number is in there, Gail. We will wait while you look it up.” “You will probably wait a long time,” she says, “because there is no fast way to find a number.” “Why not? It’s the same data.” “But the phone book is sorted by names, so finding a name is easy. Finding a number is very difficult because a phone book is not sorted by numbers.” Dr. Taylor takes the phone book from Gail. “Exactly! The sorting process does not change the data, but it organizes the data in a context...

Words: 5653 - Pages: 23

Premium Essay

Nike, Inc. Marketing Plan

...Final Marketing Plan NIKE, Inc. Executive Summary As a heavyweight company that manufactures all its own products, NIKE is able to reach into just about every aspect of the sports market. All its’ products are developed, from the apparel to the footwear, and are able to reach women, men, and children throughout the globe. NIKE creates products tailored for just about every sports event: “running, training, basketball, soccer, sport-inspired casual shoes, and kids’ shoes. It also markets footwear designed for baseball, cheerleading, football, golf, lacrosse, outdoor activities, skateboarding, tennis, volleyball, walking, and wrestling”. All this gear is available through NIKE’s retail stores, including, but not limited to, trademarks such as “Cole Haan, Converse, Chuck Taylor, All Star, One Star, Star Chevron, Jack Purcell, Hurley, and Umbro”. Another successful marketing strategy is to implement the face of a famous athlete with the product in order to increase popularity. This has been done with Michael Jordan and the Nike shoes’ “Jordan’s”. Furthermore Nike has even granted customers the ability to have a degree of customization in shoe products that they order. This is yet another successful method that has greatly yielded to the customer’s specific designs. This idea of catering to a customer’s design is considered a breakthrough and currently this appears to be that path Nike is following on. A shop was opened where customers could design shoes that Nike would make...

Words: 3105 - Pages: 13