Breech of contract?

[kristine1522]

I am in a Business Law class and we are participating in a mock trial. I would appreciate any information concerning this case:
CAN-KEY INDUSTRIES vs INDUSTRIAL LEASING CORP.
Can Key Industries manufactured a newly developed product, a turnkey hatching unit which is sold to Industrial Leasing Cop (ILC). ILC agreed to buy the unit only on the condition that it was accepted by a customer, Rose A Linda, who would lease the unit from ILC. When Rose A Linda did not lease the unit because it failed to meet its specification, ILC refused to go through with the contract of sale with Can Key. Rose A Linda had tried four times to have the unit changed to meet its specifications and kept the hatching unit for over fifteen months. Can Key is suing ILC for breech of contract alleging that ILC and Rose A Linda had accepted the hatching unit by keeping so long in use and by making several alterations in the goods that were inconsistent with the right of rejection.

I am representing the PLAINTIFF: (CAN KEY INDUSTRIES) - Our goal is to prove the judge that the defendants accepted the terms and conditions of the contract. I need to prove that the defendent did breech the agreement.

Any comments or advice is welcome! Thank you!

 

[loku]

School project

I think you have already stated your position. Here is a little refinement. When a contract is silent as to the period of time a party has to reject goods, then a reasonable time will be implied. Reasonable, in this case, means the length of time a reasonable customer, in the same circumstances, would keep the product before rejecting it. Clearly, you would argue, 15 months is much longer than a reasonable time.