1.Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding? Yes the contract modification is binding because both parties agreed to the modification before the widgets were delivered. When Adams requested the new shipping method and International agreed to the new terms. 2. In problem 1, what effect, if any, would the following letter have? International Widget: In accordance with our agreement of this date you will deliver the one thousand previously ordered widgets within thirty …show more content…
On the night of July 2, the tractor was destroyed by fire of unknown origin. Neither Stein nor Beal had any fire insurance. Who must bear the loss? Stein will have to bear the loss because even though he fulfilled everything he was suppose to do on the contract Beal never picked up the tractor for him and still had full possession of the tractor on the night of the fire. 7. Smith was approached by a man who introduced himself as Brown of Brown & Co. Brown was not known to Smith, but Smith asked Dun & Bradstreet for a credit report and obtained a very favorable report on Brown. He thereupon sold Brown some expensive gems and billed Brown & Co. ‘‘Brown’’ turned out to be a clever jewel thief, who later sold the gems to Brown & Co. for valuable consideration. Brown & Co. was unaware of ‘‘Brown’s’’ transaction with Smith. Can Smith successfully sue Brown & Co. for either the return of the gems or the price as billed to Brown & Co.? No he cannot sue for the gems because the items were sold to them as a third party and they had no affiliation with the person who went by Brown at all. 9. Brilles offered to sell his used automobile to Nevarro for $12,600 cash. Nevarro agreed to buy the car, gave Brilles a check for $12,600, and drove away in the car. The next day Nevarro sold the car for $13,000 to Hough, a bona
Mr. Potbelly and Mr. Slim Jim are two competent people who voluntarily entered into an agreement for the purchases of the pottery and the home. Mr. Potbelly presented Mr. Slim Jim with the original offers and Mr. Slim Jim counter counter-offered within reason of the asking price. The conversation had between Mr. Potbelly and the other individual should not be grounds for him
1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?
It is true that Wally did sign the order form, but in order for the contract to be valid it must have included the quantity of watched needed for shipment. As stated above, one of the requirements in the UCC Statute of Frauds states that when writing up a contract quantity must always be provided, in case of breach of contract. The courts have no way of factoring in the quantity. The answer to question 1 would be that the contract was not in writing.
37. Principle of Law: The contract is an agreement agreed among parties. If there’s any changes related to the contract, all parties in the contract had to be informed and agree changes. However, in this case McGurn crossed out the number 12, replaced it with the number 24 without informing Bell about this and signed the contract. Bell didn’t acknowledge the change that had been made to the contract. If there’s any dispute raised from this contract, Bell can refuse its obligation with the reason
b. There was no contract because the act of opening the safe was not completed
This contract shall begin on October 23, 2015, and end upon the last delivery for the quantity specified in this agreement, unless the Machine and Widgets, Inc. agree otherwise. This agreement describes Widgets, Inc. purchasing a large order of widgets from Machine, Inc. If the seller does not follow the dated procedure, Seller might then wipe out this contract and sue for harms, including lost benefits, balancing the store there against, and further recoup its expense of suit including lawyer charges.
When a legislature passes a statute, that statute ultimately is included in the federal code of laws or the relevant state code of laws. Statutory law also includes local Ordinances – statutes (laws, rules, or orders) passed by municipal or county governing units to govern matters not covered by federal or state law. Mainly have to do with city or county land use, building safety codes, and other matters affecting the local community.
They also agreed on the quantity of goods to be sold and the pricing of the goods. Since the parties admitted to these things, K.S.A. 84-2-201 did not prevent the contract from being enforced.
t. P1) An agreement cannot bind unless both parties to the agreement know what they are doing and freely choose to do it.
They went ahead to confirm their verbal agreement by paying an amount that partly makes them show desire to purchase the automobile. In return, with mutual understanding the salesman keeps the car and calls them to confirm if the purchase would be completed. A contract that is legally binding does exist here. There are factors in this scenarios that show a legally binding agreement is in existence.
Facts: the Plaintiff, Micheal Huffington, is a former Congressman and a good investment experience. He describes himself as a conservative investor. On July 4, 2006, he learned of Carlyle and was introduced to its “founder, principal, and managing agent,” David Rubenstein with whom he discussed Carlyles’ investments. The latter described Carlyle as a firm that invests in “private-equity.” Being as a conservative investor, Huffington initially expressed his reservations about investing in private equity-based funds.” Rubenstein assured him that he would look for low risk investment products that would fit in with Huffington’s conservative philosophy.
Even the contracts are expressly agreed to by the parties, those terms need to be inter-preted and the court must ascertain the terms and meaning of the parties to the con-tract. According to the UCC, the court would look to the relevant course of perfor-mance, course of dealing and usage of trade to determine the meaning of the words of agreement.
The buyer may contend that regardless of these facts, the disclaimer clause of the purchase order acknowledgement represents a “material alteration” to the original contract and therefore would not become part of the contract as per Gould Commercial Code Section 2-207 subsection 2, “The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless: a. The offer expressly limits acceptance to the terms of the offer; b. They materially alter it; or c. Notification of objection to them has already been given or is given within a reasonable time after notice of them is received.” Despite this contention,
II) The delivery method in the contract is not specific and may cause confusion. To improve this contract, it needs to include detailed method of delivery.
Throughout the United States there are many different laws among the fifty states that make up this union. The laws are different throughout the states because of the need of the laws. Living in one state and not having the advantages or disadvantages of a law in another state would not be that unfair or unequal. This is true because if you don’t like a law in your state you could always fight it and try to change it or you could always move out of that state and go to one that has the laws that you like.