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Take a look at Case 20.11. What do you think about this case? Using this case as an example, why do you think the law recognizes the right to cure a
Take a look at Case 20.11. What do you think about this case? Using this case as an example, why do you think the law recognizes the right to cure a defective tender of goods? Are there reasons for this provision or do you think a seller who tenders nonconforming goods should immediately be considered in breach of contract?
Case 20.11
Business Ethics Ruby and Carmen Ybarra purchased a new double-wide mobile home from Modern Trailer Sales, Inc. (Modern). Modern delivered the mobile home to the Ybarras. A few days after delivery, portions of the floor began to rise and bubble, creating an unsightly and troublesome situation for the Ybarras. The Ybarras complained to Modern about the floor as soon as they discovered the defects. Modern sent repairmen to cure the defective floor on at least three occasions, but each time they were unsuccessful. The Ybarras continued to complain about the defects. The Ybarras continued to rely on Modern’s assurances that it was able and willing to repair the floor. After four years of complaints, the Ybarras sued to revoke their acceptance of the sales contract. Did the Ybarras properly revoke their acceptance of the sales contract? Did Modern act ethically in this case? Did the Ybarras? Ybarras v. Modern Trailer Sales, Inc., 94 N.W. 249, 609 P.2d 331, Web 1980 N.M. Lexis 2676 (Supreme Court of New Mexico)