Research Paper on "Sale of Goods Express and Implied Warranties"

Quoted Instructions for "Sale of Goods Express and Implied Warranties" Assignment:

INSTRUCTIONS:

- Provide an analysis of the scope of all express and implied warranties arising from sale of goods, and whether those warranties appear to cover the Buyer*****s damages.

- Discuss a way or ways the Seller in this case could disclaim warranties

- Make reasonable inferences from the facts and discuss alternative *****what if***** scenarios.

- Analysis should be 3 pages in APA format.

- Consult the language and comments of the Uniform Commercial Code, 7th Edition (Stone-Adams)

CRITERIA:

1. Make conclusions regarding existence and scope of warranties and explain the different arguments that make it controversial

2. Provide evidence or data in support for conclusions

3. Counter-arguments should be addressed and the strength of the conclusions are made clear

4. Compelling organizational structure and satisfying conclusion

CASE:

Seller manufactures and sells the *****Golfing Gizmo***** (hereinafter Gizmo), a training device designed to aid unskilled golfers improve their games. Seller*****s catalogue states that the Gizmo is a *****completely equipped backyard driving range.***** Buyer purchases a Gizmo from the catalogue. Buyer gives Gizmo to son.

The Gizmo is a simple device consisting of two metal pegs, two cords*****one elastic, one cotton*****and a regulation golf ball. After the pegs are driven into the ground approximately 25 inches apart, the elastic cord is looped over them. The cotton cord, measuring 21 feet in length, ties to the middle of the elastic cord. The ball is attached to the end of the cotton cord. When the cords are extended, the Gizmo resembles the shape of a large letter *****T,***** with the ball resting at the base.

The user stands by the ball in order to hit his practice shots. The instructions state that when hit correctly, the ball will fly out and spring back near the point of impact; if the ball returns to the left, it indicates a right-hander*****s *****slice*****; a shot returning to the right indicates a right-hander*****s *****hook.***** If the ball is *****topped,***** it does not return and must be retrieved by the player. The label on the shipping carton and the cover of the instruction booklet urge players to *****drive the ball with full power***** and further state: *****Completely Safe Ball Will Not Hit Player.*****

Buyer*****s son has practiced golf 10 to 20 times at driving ranges and has played several rounds of golf. Buyer*****s son*****s father instructs him in the correct use of the Gizmo after having read the printed instructions that accompany the produce and using the Gizmo about a dozen times. Buyer*****s son sets up the Gizmo in his front yard according to the printed instructions. The area is free of objects that might cause the ball to ricochet, and no other persons are nearby. Buyer*****s son then takes his normal swing with a seven-iron. The last thing he remembers is extreme pain and dizziness. Buyer*****s son suffers traumatic head injury.

A safety engineer and an expert on the analysis and reconstruction of accidents offers an opinion that Buyer*****s son hit underneath the ball and had caught the cord with his golf club, thus drawing the cord upwards and toward him on his follow-through. The ball looped over the club producing a *****bolo***** effect and struck Buyer*****s son on the left temple. The safety engineer concludes the Gizmo is a *****major hazard.*****

A professional golfer offers an opinion that even if the club had hit the lower part of the ball, the same result probably would have occurred. He personally tested the Gizmo, intentionally hitting low shots, and found that his club became entangled in the cord, bringing the ball back toward him as he completed his swing. Describing Buyer*****s son as a beginner, the golfer opines that since such a golfer*****s swing usually is very erratic, he rarely hits the ball solidly.

The manufacturer states that he bought the rights to manufacture and distribute the Gizmo from a former professional golfer in 1962 and that the produce had been on the market since that time.