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24 September, 10:42

Jamal purchased a motorcycle from Getaway Automobiles, and the motorcycle's electric starter began malfunctioning after a week of the motorcycle's purchase. Jamal returned the motorcycle to the store, and the manager assured him that it was only a minor problem that could be fixed easily. In the next two months, Jamal visited the store five times for rectification of the same issue. Finally, he gave up and demanded that he get a cash back for the faulty motorcycle. Under these circumstances, which of the following is most likely to be true? Select one:a. Jamal is not entitled to revoke acceptance of the goods because he has used it. b. Jamal is entitled to revoke acceptance because he took back the motorcycle after the seller's assurance that the nonconformity would be cured. c. Jamal cannot revoke his acceptance because the value of the motorcycle is impaired by its use for over two months. d. Jamal can revoke his acceptance but is not entitled to damages for breach of warranty.

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  1. 24 September, 10:57
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    Option B, Jamal is entitled to revoke acceptance because he took back the motorcycle after the seller's assurance that the nonconformity would be cured.

    Explanation:

    The primary purpose of purchasing goods is to obtain conforming goods of the desired quality. Occasionally, the seller delivers non-conforming goods, goods that fail to meet the contractual obligation (obligations include: seller's description, statements promises ...). In situations like this the buyer may revoke his acceptance if already accepted or reject the delivery upon discovery.

    If delivery is already accepted, acceptance may be revoked;

    * On the reasonable grounds that its non-conformity would be cured and it has not be cured.

    * Without discovery of such non-conformity if his acceptance was reasonably induced either by the difficulty of delivery before acceptance or by the seller's assurances.

    Therefore, option B best suits the question. Under these circumstances, Jamal is entitled to revoke his acceptance because the he took back the motorcycle after the seller's assurance that the non-conformity would be cured which was not, even after several complaints.
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