Reference no: EM132226718

The Acme Company calls Tiny Feet Widgets and orders 22 high-powered, medium quality widgets that have a guaranteed lifespan of 22 months, and asks that they be delivered in less than 30 days. Tiny Feet Widgets delivers 20 medium-powered, high quality widgets that have a lifespan of 19 months exactly 32 days after the order was submitted (30-day delivery would have fallen on a Saturday on which Mr. Feet, TFW’s owner, planned to attend a bid whist tournament). Despite the late delivery, the Acme Company representative (“Tudlum”) received the goods, stored them in the warehouse with the idea that he would wait until his boss (“Ms. Rudolph”) returned from the Bahamas next and then ask her if she wanted to return the widgets. In the meantime, he put 8 of the widgets into service because he had to keep their customers happy. When Ms. Rudolph returned, she was completely upset about the late delivery and the mix-up in quality, and directed Tudlum to return the goods to Tiny Feet and get Acme’s money back. When Tudlum tried to return the goods, Mr. Feet refused to accept the goods or provide a refund. From Tiny Feet Widget’s perspective, identify the issues present in the fact pattern, explain which U.C.C. rules are implicated, and summarize the best legal argument Tiny Feet Widgets has for refusing to refund Acme’s money.