Columbia Southern University Business Law Discussion

Case Assignment

Bill ordered an airplane from Fullerton Aircraft for his own personal use.  Bill took delivery of the aircraft and flew it for several months before determining that it caused him joint pain due to vibration.  Bill wishes to return the airplane and either have the vibration dampened or get a refund.  In the purchase contract, no mention is made of particular vibration specifications, and a advise of the aircraft shows that it does not experience more than a normal level of vibration.  Bill has come to you for advice on whether to proceed with an action for breach of contract.  How should you advise Bill?

Where a tender has been accepted, the buyer must notify the seller within a reasonable time of any breach that the buyer should have discovered or be barred from any remedy for that breach.  Is this statement correct?  Explain your answer, including the applicable UCC sections.