At Saks Fifth Avenue, they call it the “return season.” Return season occurs wit
ID: 454875 • Letter: A
Question
At Saks Fifth Avenue, they call it the “return season.” Return season occurs within the week following a major fund-raising formal dance. Women who have purchased formal eveningwear return the dresses after the dance. The dresses have been worn, and the tags have been cut, but the women return the dresses with requests for a full refund. Neiman Marcus, also experiences the same phenomenon of returns. Some stores have implemented a policy that formal eveningwear may not be returned if the tags are cut from it. Others require a return within a limited period of seven days. Others offer an exchange only after five days.
Does a right of rejection under Article 2 cover the women?
What do you think of the conduct of the women?
Is it simply revocation of acceptance?
Is there good faith on the part of the women?
Explanation / Answer
a) No. It does not cover the right of rejection under Article 2. According to the Article 2, the rejection after the ownership by the buyer of commercial unit is wrongful as against the seller and the buyer has no further obligations to reject the goods.
b) The women conduct is wrongful because the store have implemented a policy tha there will be no returns once the dress is bought. Hence the women has no right to return the goods.
c) Yes. it is the revocation of acceptance as the act practice by women is not wrong and not accepted under the Article 2.
d) No. Because if the women keeps on doing wrong act, it would not consider as good faith. The seller has to impose strict policy of exchange of good policy.
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