Can McCullough rescind the agreement? Why or why not?
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Deborah McCullough bought a new car from Bill Swad Chrysler, Inc. The car was protected by both a limited warranty and an extended warranty. McCullough immediately encountered problems with the automobile’s brakes, transmission, and air conditioning and discovered a number of cosmetic defects as well. She returned the car to Swad for repairs, but Swad did not fix the brakes properly or perform any of the cosmetic work. Moreover, new problems appeared with respect to the car’s steering mechanism. McCullough returned the car twice more for repairs, but on each occasion, old problems persisted and new ones emerged. After the engine abruptly shut off on a short trip away from home and the brakes again failed on a more extensive excursion, McCullough presented Swad with a list of thirty-two of the car’s defects and demanded their correction. When Swad failed to remedy more than a few of the problems, McCullough wrote a letter to Swad calling for rescission of the purchase agreement and a refund of the purchase price and offering to return the car upon receiving instructions from Swad regarding where to return it. Swad did not respond to the letter, and McCullough brought an action against Swad. She continued to operate the vehicle until the time of trial, some seventeen and one-half months (and twenty-three thousand miles) later. Can McCullough rescind the agreement? Why or why not? |
Explanation
Evidence supporting the argument that Buyer M has the right to cancel the agreement:
As per the revocation of acceptance rule, the buyer of the goods can revoke the acceptance of the delivered goods within a specified time frame, if there is any variance associated with the goods, which affects the value of the goods.In this case, Buyer M discovered the problems related with the purchased car and notified the Seller S within specified time frame. So, Buyer M has right to revoke the acceptance, which leads to the cancellation of the purchase agreement.
Evidence supporting the argument that Buyer M does not have the right to cancel the agreement:
In this case, Seller S states that Buyer M has no right to cancel,in the context of the revocation of the car's acceptance, since Buyer M continued to the car after sending the car'sacceptance revocation notification.
Sample Response
The case talks about the problems faced by Buyer M on purchasing a car from Seller S.
There are two sides of the argument:
Buyer M has the right to cancel the agreement.
Buyer M does not have the right to cancel the agreement.
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