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Exercise 3

General Principles in Consumer Law

Warren buys a Magic Home Gym from Sports-R-Us. When the Magic Home Gym is delivered, Warren sees that several parts are defective such that the equipment is unusable. Warren leaves the exercise equipment in his basement. Six months later, Sports-R-Us sues Warren for payment. Warren argues he rejected the home gym and therefore does not need to pay for it.

How should the judge rule?

A. For Warren, because the gym equipment was defective upon its delivery.
ANSWER "A" IS NOT CORRECT. Please try again.
B. For Sports-R-Us, because Warren did not properly reject or revoke acceptance of the Magic Home Gym.
ANSWER "B" IS CORRECT. Warren did not either notify Sports-R-Us of his rejection of the product or specify the defect in the product to Sports-R-Us. Therefore, he did not properly reject the Magic Home Gym. Therefore, Warren owes Sports-R-Us payment for the Magic Home Gym, despite its condition upon delivery.