Lemon Law and the Applicable Term Paper

com/html/HotLinks_LemonUCC.html).Therefore the law allows an assumption on the part of the buyer to believe that the vehicle is free from defect unless that defect has been disclosed prior to purchase (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html).

The UCC mandates with regards to Lemon Law provision allows a buyer to reject a purchased vehicle and break the financial agreement if the vehicle is found to be defective within a reasonable time period from the purchase.

The time period that is considered to be reasonable is not clearly defined by the UCC however, it provides time for the buyer to take possession of the vehicle and have it inspected for defects by another party.

The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html)."

In the named case the UCC provided protection to the buyer because he had only driven a few miles before the vehicle refused to perform to the reasonable standard of a new vehicle.

The UCC also applies the Lemon Law to vehicle purchases that go beyond a few miles or days before the defects are discovered if the defects and such that immediate discovery would not be expected.

In addition the protection of the UCC is there for the buyer if the buyer was promised that any later discovered non-compliance with contract defects would be repaired at no charge (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html).

The most significant public policy decision that supports the decision in Zabriskie case and other cases like it is the fact that the law believes a consumer should not be held to an accountability standard of expertise with regard to the mechanical soundness of a vehicle and should be able to trust the manufacturer to deliver a vehicle that is in good running order.

In this particular case the fact that the buyer had only driven the vehicle for 7/10 of a mile provided strength for the argument of Lemon Law violation.

Society believes and understands that during the course of a test drive while vehicle shopping there is stress and excitement that may prevent the buyer from being able to detect any flaws of the car. However, the first few miles that the buyer owns the vehicle are accepted by society and the UCC as "exciting" and telling as he or she begins to settle into vehicle ownership. The law understands this and consequently provides a reasonable time period for defects to be discovered and the contract broken.

References

New Jersey Lemon Law (accessed 3-9-07)

http://www.lemonlaw.com/new_jersey_lemon_law.html

UCC Overview (accessed 3-9-07)

http://www.michigan.gov/sos/0,1607,7-127-1631_8851-29412 -- ,00.html

Uniform Commercial Code Summary (accessed 3-9-07) http://autopedia.com/html/HotLinks_LemonUCC.html

Sunday, March 11, 2007.....