COPIER GEEKS DISCUSSION Part 1. Breach of Express Warranty/Breach of Contract The Uniform Commercial Code (UCC) Article 2 governs the sale of goods with regards to commercial transactions. The UCC is the product of private organizations and is not itself the law. States may adopt provisions of the UCC by codifying those provisions in a statute. In Florida, commercial transactions are regulated by Title 39, Chapter 672. I. Breach of Contract According to Florida Law, a breach of contract by the seller includes: 1) the seller’s wrongful failure to deliver or to perform a contractual obligation; 2) making of a non-conforming tender of delivery or performance; or 3) repudiation. II. Breach of Express Warranty Under Florida Law, a Seller creates an express warranty by either: 1) providing any affirmation of fact or promise to the Buyer which relates to the goods and becomes part of the basis of the bargain; 2) giving any description of the goods which is made part of the basis of the bargain; and 3) presenting any sample or model which is made part of the basis of the bargain. Additionally, it is not necessary that the Seller use formal words such as “warrant” or “guarantee,” or that the Seller have a specific intention to make a warranty. However, an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion does not create a warranty. Fla. Sta. Ann. § 672.313 (West 2009).
III.
Buyer’s Rights A. Buyer’s rejection of goods
According to Florida Law, a buyer may reject if the goods fail to conform to the contract. Fla. Stat. Ann. 672.601 (West 2009). A buyer must take affirmative action and notify seller that the buyer intends to reject the goods within a reasonable time after the delivery or tender. Fla. Stat. Ann. § 672.602 (West 2009). Buyer must also state in connection with the rejection a particular defect which is ascertainable by reasonable inspection. Fla. Stat. Ann. § 672.605 (West 2009). In addition, a buyer is required upon discovery that the goods do not conform, to return or offer to return such goods, as a buyer’s failure will waive his right to object and hold the buyer to the contract price. B. Buyer’s acceptance of goods According to Florida Law, acceptance of goods occurs when the buyer: 1) After a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that the buyer will take or retain them in spite of their nonconformity; or 2) Fails to make an effective rejection, but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or 3) Does any act inconsistent with the seller's ownership. Fla. Stat. Ann. § 672.606 (West 2009). C. Notice of seller’s breach after acceptance of the goods According to Florida Law, where a tender has been accepted: A buyer must, within a reasonable time after he or she discovers or should have discovered a breach of warranty, notify the seller of the breach or be barred from recovery. Fla. Stat. Ann. § 672.607 (West 2009). In addition, the burden is on the buyer to establish any breach
with respect to the goods accepted. Id. The Florida UCC requires that a buyer’s notice of breach of warranty after acceptance must be both timely and sufficient under the circumstances, which is a question of fact for the jury to decide. Part 2. FLORIDA’S DECEPTIVE AND UNFAIR PRACTICES ACT Fla. Stat. Ann. § 501.201-.213 The Florida Deceptive and Unfair Trade Practices Act regulates methods of competition and unfair or deceptive acts or practices. It has been stated that the purpose of the law is to protect consumers from purchasing goods diminished in value by unfair trade practice and to protect the unwary consumer. The Act is designed to protect not only the rights of litigants, but also the rights of the consuming public at large. The courts have said that the Florida Deceptive and Unfair Trade Practices Act is to be construed consistently with federal antitrust law. A court, in determining whether the alleged conduct violates the Florida Deceptive and Unfair Trade Practices Act, should also take into consideration whether the Federal Trade Commission and other federal courts deem such conduct to be an unfair method of competition or an unconscionable, unfair, or deceptive act or practice under federal law. A consumer claim for damages under the Florida Deceptive and Unfair Trade Practices Act has three elements: (1) a deceptive act or unfair practice, (2) causation, and (3) actual damages. In addition, in order to proceed against an individual for a violation of the Act, a plaintiff must allege that the individual was a direct participant in the dealings. Fla. Stat. Ann. § 501.201.