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Baseball Bat Assignment

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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

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