...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...
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...Preserving Players or Pleasing Fans College baseball has had a unique past due to its controversial use of metal bats. While these bats allow players to hit the ball harder and farther than a typical wood bat could, they also cause injuries to players and, occasionally, spectators. The technology of baseball bats has greatly evolved over the years, allowing players to hit baseballs further, harder, and easier than ever before. During the 2011 college baseball season, the National Collegiate Athletic Association (NCAA) put a rule into effect that requires college baseball teams to use a new type of metal bat that has affects similar to those of wood bats. Between faster developing technology and players using old metal bats, which gave a trampoline type effect when a ball hit them, the game of baseball was looking dangerous. The NCAA was forced to change their rules regarding bats used during the game. The new rule that requires teams to use the new bats, which act more as a wood bat, has a positive effect on the game. NCAA baseball has become one of college’s top sports. Fans from across the country travel to Omaha, Nebraska every summer to attend the College World Series in hope that their team may win a national title. This year, college baseball has put a rule in effect that may change the game forever. The Collegiate Baseball Newspaper states that this rule requires all bats used by NCAA baseball teams to be under a certain bat-ball coefficient of restitution, also known...
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...Did you know that one out of every five pitchers get injured at one point in his or her career? Taking care of your arm is crucial if a player wishes to succeed later in their journey to Major League Baseball. A variety of things in the sport of baseball can cause injuries, from overuse to throwing a specific type of pitch. Pitchers need to take car of their arms or they may experience injury. (Visual 3). Practice makes perfect. This is a famous phrase meaning the more you perform a task, the better you will get at it. This theory can be applied to pitching as well. If you repeat the throwing motion repetitively, come game time, pitching will almost be second nature. If a player pitches a great amount early on in their life, pitching will...
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...Relevant Facts The plaintiff purchased a defective baseball bat from the defendant. The defendant claims the first time that he used the baseball bat, it shattered to pieces. Since the baseball bat was defective from the time the plaintiff purchased the bat, he feels he should be refunded for the item. Issue Presented The issue in this case is whether the bat shattering to pieces violates the Implied Warranty of Merchantability under the Uniform Commercial Code (UCC). Rule According to the case of Dudzik v. Klein’s All Sports, a baseball bat can’t crack when it’s used normally or the seller has to provider the buyer with a refund for the product. LaurenceDudzik v. Klein’s All Sports, 158 Misc. 2nd 72 (N.Y. J. Ct. 1993). Also, according to the Appeals Court of Massachusetts, a baseball bat shattering into a million pieces, violates the implied warranty of merchantability. Industria De Calcados Martini Ltda v. Maxwell Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct.1994). Both cases cite § 2-314 of the Uniform Commercial Code (UCC). § 2-314. Implied Warranty: Merchantability; Usage of Trade. (2) Goods to be merchantable must at least be such as (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair average quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the...
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...Zhiwei Duan ChampSport Report ChampSport is a company which focus on the sporting goods, particularly in the various racket sport arenas. A new idea of replacing metal baseball bats by the use of the alloy was under considering. After I calculated the beta, NPV, and NPV sensitive analysis, I high recommend that we should accept this project. For the Beta calculation, I collect the industry data and average them to get the average asset data, which I think is more reasonable to explain the level of the risk for the ChampSport INC. Then I conduct the equity beta for ChampSport is 1.01. Finally, I got the 7.43% as the result of the WACC. (See Comparable Firm sheet) After that, I do the NPV analysis. When calculating the Operating Cash Flow, I decide to omit the expense of the research and development cost since it is the sunk cost and will not affect the future project and profit. I also assume that the annual increase rate for price of the product is 2% and annual growth rate of sales is 10%. By doing that, I generate the operating cash flow and finally get the NPV $11,227,508 and IRR 18.54%. Based on our assumption, the NPV shows that really bright future and profit ability for this project. Finally, I also did the NPV sensitive analysis to see how much the effect of WACC, annual growth rate of price and sales to the NPV. We can see that with the growth of the WACC to 12%, the NPV decreases to $5,355,268 and still keeps high positive. For the table of the NPV sensitive...
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... The kitchen table is low to the ground. The word is bat .I have a tab in my folder. The word is night .I saw a big black thing. The word is spider. My brother prides his photo bombs. 5. Blood, Wizard, Ghost, Witch, Zombie, Wolf, Sharks, and snakes are eight scary words 6. Pins, pump, pin, pumps, in, pumpkin are six words made out of the word pumpkins. 7. The owl belongs to the bird group. There is about 200 different owl species. A group of owls can be called a parliament. 8. The term superstition means “a belief or notion.” 9. Some superstitions are when a black cat crosses your path you have bad luck, opening an umbrella inside and last but not least if you break a mirror it will give you bad luck. 10. There are about 206 in a human skeleton. 11. The book Dracula was written by Bram Stoker and it was based on a vampire. 12. A spider is in the arachnid group. Spiders are an arachnid not an insect. Spiders have around 40,000 different species. 13. Nocturnal means to be active during the night like owls and bats. 14. Mary Shelley was a short story writer, English novelist, and a biographer. 15. I would pick the seeds out and eat them, I could paint it, put a light in it, I would decorate it and cut it up and feed it to the wild life and that’s is what I would do with a pumpkin. 16. Bats belong in the chiropteran group. Two facts about bats are that they are flying mammals and there are about 1,000 different bat species. 17. Boris Karloff was an actor for the Grinch...
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...Quantitative Methods for Business Page 51-57. Problems: 2 (a,b,c), 5 (a,b), 9,10,17 (a,b,c,d,e),21 (a,b,c),23 (a,b) Case Problem: pg 61, College Softball Recruiting 2. a. define experiment: choose a person at random, and have them taste the different blends of coffee and state a preference. b. ¼ per blend, classical method c. P1(.20), P2(.30), P3(.35), P4(.15)= Σ Pᵢ =1.00 5. a. Not valid, Σ Pᵢ must equal 1 and they do not. b. Increase the probability values to equal 1. 9. Σ ᵢ=250 Eyes | Rash | Both | 90 | 135 | 45 | P(A) | P(B) | P(A∪B) | P(A)=.36 P(B)=.54 P(A∪B)=.18 P(A∩B)= P(A) + P(B) – P(A∪B) = .36+.54 -.18= .72 10. P(defective and minor)= 4/25 P(defective and major)= 2/25 P(defective)= 6/25 P(Major│defective) = P(defective ∪ major)/ P(defective)= (2/25)/(6/25)= 1/3 or .33333 17. Σ ᵢ=989 (M) Male=759 (F) Female=230 | 1 game P(A) | > 1 game P(B) | Ttl P(A∪B) | Male | 582 (.59) | 177 (.18) | 759 (.77) | Female | 211(.21) | 19 (.02) | 230 (.23) | Ttl | 793 (.80) | 196 (.20) | 989 (1.0) | a .20 randomly selected fan attended multiple games. 196/989 b .90 random selected fan attend multiple games be male. 177/196 c .18 random selected fan being male and attended multiple games. 177/989 d .23 177/759 ...
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...such as flying squirrels, gliding possums, and colugos, can only glide for short distances. Bats do not flap their entire forelimbs, as birds do, but instead flap their spread-out digits,[4] which are very long and covered with a thin membrane or patagium. Bats are the second largest group of mammals, representing about 20% of all classified mammal species worldwide, with about 1,240 bat species divided into two suborders: the less specialized and largely fruit-eating megabats, or flying foxes, and the highly specialized and echolocating microbats.[5] About 70% of bat species are insectivores. Most of the rest are frugivores, or fruit eaters. A few species, such as the fish-eating bat, feed from animals other than insects, with the vampire bats being hematophagous, or feeding on blood. Bats are present throughout most of the world, performing vital ecological roles of pollinating flowers and dispersing fruit seeds. Many tropical plant species depend entirely on bats for the distribution of their seeds. Bats are important, as they consume insect pests, reducing the need for pesticides. The smallest bat is the Kitti's hog-nosed bat, measuring 29–34 mm (1.14–1.34 in) in length, 15 cm (5.91 in) across the wings and 2–2.6 g (0.07–0.09 oz) in mass.[6][7] It is also arguably the smallest extant species of mammal, with the Etruscan shrew being the other contender.[8] The largest species of bat are a few species of Pteropus and the giant golden-crowned flying fox with a weight up to...
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...vibrations * Mouse * For finding sex partners * Sloths * For finding sex partners * For warning others of danger * Bats * To navigate through the dark * For hunting * Dolphins * For navigating Sonar System * The shapes of the surrounding objects are determined according to the echo of sound waves. Bat’s Sonar * Send’s sound waves in all directions 20 to 30 times each second. * Bats reduce their sonar squeals to prevent confusion from overlapping waves by the echoes. * Technology counterpart is the AWACS Boeing 767 jets Moths * Can disrupt the flow of the bat’s ultrasound waves so they can’t be detected * Technology counterpart is EA-6B Prowler * Dolphin’s Sonar * Can produce as many as 1200 clicks per second. * The echoes let the dolphin determine the direction, speed, and size of the object that reflects them. Sonar Technologies that Help the Visually Impaired Smart Canes * Independent mobility to blind people * Emits ultrasound waves to detect nearby obstacles and vibrates to inform the user Ultra Canes * Provides distance and direction to navigate narrow paths while avoiding obstacles Ultra Bikes * Contains 2 ultrasound sensors and has 2 arms that vibrate to inform the cyclist about obstacles. Superior Bat Design for Safe Travel * Ultrasound sensors bounce sound waves off obstacles, using the echo to know the distance. * As they get closer...
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...Wood bats are safer for high school and college; however metal bats have better performance. With the ball speed off of the bat as the big safety issue for high school and college, wood bats have a slower speed than metal bats do. With every solution there is a problem to the solution; wood bats do not produce like metal bats do. The game play is different with each bat. The changes that the National Federation of State High School Associations (NFHS) and the NCAA make for bats for play will have an effect for upcoming students. In High school and college the players get to use metal bats instead of wood. The performance of metal bats is a lot higher than wood. That is why college and high school use metal instead of wood bats. Metal bats have a higher ball speed off the bat, which is the safety issue that the NCAA and the NFHS have right now. There is a new standard for baseball bats which took effect in 2011 which is the Batted Ball Coefficient of Restitution (BBCOR) bats. They have almost the same ball speed off of the bat as a wood bat does, but the metal bat has a bigger sweet spot. A sweet spot is the part of the bat that will give the biggest trampoline effect to the baseball. Metal bats have made scoring runs in high school and college a lot easier than wood bats. The BBCOR bats have had a slight decline in runs and hits unlike the Ball Exit Speed Ratio (BESR) bats. The change from BESR bats to BBCOR happened in 2011. BESR bats had to high of a ball exit speed off of...
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...their requirements. This paper will discuss how men approached to some of their development and what roles did nature and some of its designs play to inspire inventors. The paper will go farther than this to look up at a new scientific method that imitate natural superior system to improve humans' life. It will concentrate mainly on the advancements of communication systems due to researches on this science which is called Biomimetics. Finally it will try to identify any existing similar natural and human-made structures and see how efficient are both of them compared to the other one. See all 5 photos Bat's Sonar Boeing 767 jet electrical and nerve systems wiring insulations. optical fiber polar bear the greater bulldog bat Introducation people have always trying to reach perfection in th tools and systems they make in order to continually enhance their lives . It is...
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...letters regarding questions/concerns about wooden vs. metal bats, I have gathered information that will allow us to provide several different responses that will satisfy the questions that the writers have for us. With all of the letters being sorted into 5 different categories, I was able to write an adequate response for each of those 5 categories to send out in a bulk method. Why has the NCAA not banned the use of metal bats? : * First and foremost make sure to apologize for their unfortunate experience and assure them that changes have been made to protect the safety of the players involved. * Explain in detail the efforts made by the BBCOR to ensure the approval of only certain bats that meet its requirements. * Ensure the writer that each and every bat that is available for use in the league that it will be stamped with a NCAA certification mark. * http://www.ncaa.org/sites/default/files/BBCOR%20Protocol-Effective%201.1.14.pdf Outside research and lack of change/action taken by the NCAA to change regulations: * Start out by acknowledging their effort to write a letter to us and tell them that we are always looking for ways to better the safety efforts and standards for the players. * The writer’s information may be outdated, because the BBCOR regulations of 2014 have made a significant change in the “trampoline effect” and are much safer than they were in prior years. * Each and every bat must be approved and the facts can be checked at our website...
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...Project is to determine which type of baseball bat is best. Aluminum or wood? In my personal opinion aluminum is best because they are lighter and easier to swing. Aluminum bats are lighter therefore you can swing it faster than a wood bat. It also has a wider sweet spot so the ball come off the bat faster. An aluminum bat may or may not hit further – depending on the batter, but the batter will have more control of the bat because it is lighter. Wooden bats are heavier so they have less recoil. A wooden bat moving at the same speed of an aluminum bat will hit harder. If the batter can get the bat moving fast the ball will go further, that’s if he makes contact. Wooden bats also do not vibrate as much which is better for the batters hands. When the NCAA approved the use of aluminum bats in 1974 they started to compare statistics. They found that the team batting averages went up about twenty points, and home runs doubled. The main reason wooden bats are required in the pros is because of this performance difference. “Pro leagues want to protect their historical records, and they want the performance of the game to be the result of human ability, rather than the technology of the bats,” says George Manning. The bottom line is that non-wood bats do lead to higher batted ball speeds and this means harder line drives and deeper fly balls. They are much easier to swing and because it is lighter you have better control of the bat. It is easier to make “last minute adjustments”...
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...I feel that Peter was one of the few people who was not phony in this world full of phonies. He was terrifically intelligent and the nicest person. My brother Peter’s baseball mitt is a thing that I keep very close to my heart. It’s a symbol of our companionship. Although Peter is gone, the memory of his good and loving soul is captured in this worn out mitt. Peter’s glove is a left-handed fielder’s mitt. The glove isn’t in very good shape. The smooth and firm leather of the mitt is now quite ragged. The stitching of the mitt is loose and is in desperate need for repair. Dirt and dust from numerous baseball fields have taken its toll and damaged the sturdy webbing of the mitt. What used to be a well-inscribed white logo of a company has disappeared, with the exception of the lonely remains of a letter “d”, now standing all alone. The most outstanding part of the mitt are the numerous poems written on it. My brother copied the poems, so he had something to read, when no one was up at bat. The bright green ink, what used to be like the first green leaves on a warm spring day, is now faded, but still readable. One poem that stands out is written on the backside of the glove, where time hasn’t caused a lot of damage. The leather, on which the poem is written on, is in excellent condition, when comparing it with the rest of the glove. Both the author and the title of the poem remain unknown to me and I’d like if it stayed like that. Sometimes I even dream, that Peter wrote it...
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...In the sortables section of Baseball Prospectus, there is a report called Batter Plate Discipline. If you’re trying to get a handle on how good hitters are at reacting to balls and strikes, this section contains measurements on such things as swing and contact rates. A natural way to divide such rates is based on the strike zone: A swing at a pitch inside the zone is a different event than at one outside the zone. A whiff on a pitch middle-middle is a disparate event from a whiff on a pitch way outside, so it makes sense to tabulate them in different columns. There is a problem with this dichotomy, however: There is no strike zone. In the words of Michael Lopez (who borrowed in turn from Bobby Ojeda), the strike zone is a unicorn. By this I mean not that the strike zone does not exist at all, but rather that it does not exist in the way that Major League Baseball defines it. The rulebook definition is a rectangular solid hanging in space, with infinitesimally thin boundaries which, once touched, trigger strike calls. The actual strike zone is a shifting, nebulous cloud of probability density. It moves up and down with the whims of the umpire and the policy changes of MLB. It shrinks and expands as the count becomes favorable or unfavorable. It grows when an experienced pitcher throws and contracts when bad pitch framers snatch pitches with exaggerated body movements. It’s not a static thing, fixed for every hitter of every height; instead, it is constantly dynamic, flowing with...
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