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Reject or Revoke

Tammie contracted with Kristine to manufacture, sell, and deliver to Kristine and put in running order a certain machine. After Tammie set up the machine and put it in running order, Kristine found it unsatisfactory and notified Tammie tht she rejected the machine. She continued to use it for three months but continually complained of its defective condition. At the end of the three months, she notified Tammie to come and get it. Has Kristine lost her right (a) to reject the machine? (b) to revoke acceptance of the machine?

Solution Preview

The main element in this scenario is the time period. Tammie contracted with Kristine, Kristine found the goods unsatisfactory right after the goods were ready for use. Tammie then notified Kristine that she rejected the machine. Because she was notified within a reasonable time period, which was just after set up, we can consider the rejection as legally binding. Tammie then continued to use the machine, even after rejecting it, and then wanted to return the machine after 90 days. It can be reasonably argued that three months is not a reasonable time period. I am not aware of any retailers or businesses that accept returns on goods after a period of three ...

Solution Summary

This solution explains if Kristine has lost her right to reject the machine, or to revoke acceptance of the machine. All necessary legal elements are thoroughly discussed in this solution.

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