Answer/Holding Yes for both questions. The court relied on chapter 400 of the UCC, section 2-104 for the definition of a merchant which means, a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction. For goods, chapter 400 of the UCC under section 2-105 defines goods as, all things which are movable at the time of identification to the contract for sale, to include growing crops. Reasoning The court used a number of cases to help decide their decision. In Nelson v. Union Equity Co-op.
Since this contract is for the sale of moveable goods (widgets), common law is not relative to this transaction; rather this contract will be governed by Article 2, of the Uniform Commercial Code (“UCC”). 1. Applicable Law: This contract involves widgets that is, moveable goods within the meaning of Article 2 of the UCC. Goods are all things that which are moveable at the time of identification of the contract for sale; it is limited to the present or future sale of goods. In this case, the facts suggest that the parties are seller (Abe) and buyer (Bob) which make them “merchants” within the meaning of the UCC because Abe is selling his widgets and Bob is buying widgets for his business.
Since this contract is for the sale of moveable goods (widgets), common law is not relative to this transaction; rather this contract will be governed by Article 2, of the Uniform Commercial Code (“UCC”). 1. Applicable Law: This contract involves widgets that is, moveable goods within the meaning of Article 2 of the UCC. Goods are all things that which are moveable at the time of identification of the contract for sale; it is limited to the present or future sale of goods. In this case, the facts suggest that the parties are seller (Abe) and buyer (Bob) which make them “merchants” within the meaning of the UCC because Abe is selling his widgets and Bob is buying widgets for his business.
The law assumes that a seller gives certain warranties concerning goods that are sold and that he or she must stand behind these assertions. A warranty is less important than a condition and does not impact on the main purpose of the contract. A breach of a warranty entitles the injured party to claim for damages only. They may not repudiate the contract. A breach of condition is a major term that goes to the root of the contract.
(Valacich, J., George, J., Hoffer, J., 2009, pg. 28) Step two: analysis. The current system Hoosier Burger has in place is paper – base system. Identify what Bob and Thelma Mellankamp business demands for the system that are related to the operations of their business. Also, identify Bob and Thelma Mellankamp budget for the project and the timeframe which they need it in.
Work Breakdown Structure Work Breakdown Structure (WBS) is a deliverable-oriented grouping of project activities that organizes and defines the total scope of the project. A deliverable is any measurable, tangible, verifiable outcome or result that must be produced to complete a project or part of the project. Developing WBS for opening a new branch The WBS structure for opening a new supermarket is shown in the tabular manner along with the resources allocated for it. Level 1 Opening a new store Level 2 Level 3 1.1 Planning 1.1.1 The demand must be calculated. 1.1.2 The office space for establishing the store to be finalized.
In 1992, Scrivner implemented new performance standards in order to speed up productivity. Both employees claimed that they were not able to fulfill these requirements as a result of previous work related injuries. Scrivner terminated Milton and Massey because they were unable to meet the time standards required. Both Milton and Massey filed suit with the court claiming that they were wrongfully terminated because of their disabilities. They also The plaintiff’s allegations consisted of “a federal claim for violation of the ADA, a state claim for wrongful termination under Oklahoma law, and various state and federal claims flowing from the unlawful
Super Bakery, Inc. Joel A Sattazahn ACC/561 University of Phoenix Rashida Heard Super Bakery, Inc. Super Bakery, Inc. is a virtual corporation that is a “nationwide supplier of nationwide supplier of mineral-, vitamin-, and protein-enriched doughnuts and other baked goods to the institutional food market, primarily school systems” (Davis & Darling, 1996). This paper will provide information regarding the strategies the management is using, costing system used, and recommendations regarding what cost system should be in place. Strategies Super Bakery, being a virtual corporation, looks to minimize the necessity of large investments in the in the company. Super Bakery uses the strategy of outsourcing to tie together the business functions and only performs strategic functions within the company; all other functions are performed through a “network of external companies” (Davis & Darling, 1996). The outsourcing strategy allows Super Bakery to minimize on liabilities and expenses such as real estate for storage, manpower, and other related expenses giving Super Bakery to take on more of a business management role rather than being tied in to all of the business functions.
LS311 Business Law I Unit 7 Assignment Prof: Myra Navarro December 27, 2011 Doctrine of Respondeat The plaintiff could use a theory of negligence and a theory of vicarious liability and Respondeat superior to state that the grocery store is responsible for the actions of its clerk. Respondeant superior generally states that a business will be responsible for the actions of its employees, so long as the employee is acting within the scope of his or her employment. In order to establish an employer's liability for the actions of his employee in a tort action, plaintiff must prove: 1. that a master/servant relationship existed and 2. That the tortious conduct of the employee occurred within the "scope of his employment." The respondent superior also states that restatement sets forth various factors to determine whether unauthorized conduct is "so similar to or incidental to the conduct authorized as to be within the scope of employment."
Also, once at the site, the store’s employees might be asked to assist in the assembly of the gym. Question 2: List and discuss the advantages and disadvantages of having local trucking companies deliver the Super Gym from the retail stores to the customers. There are probably no disadvantages to using a local trucking company to make the delivery. A decision would have to be made how to handle the trucking firm’s charges. Question 3: List and discuss the advantages and disadvantages of stocking Super Gyms at the distribution centers and then having the truck that make deliveries from the distribution center to the retail stores and also make deliveries of Super Gyms to individual customers.