Armstrong is obligated to transfer and deliver conforming goods to GCI. Conforming goods requires that the goods must conform exactly to the agreed upon description provided by the buyer to the seller. This action is referred to as tender of delivery and the UCC obligates the seller to have or tender the specific goods requested. By substituting the third part of the press Armstrong has not yet breached the contract but has not provided perfect tender. Armstrong’s failures to meet their obligation gives GCI three options: they may reject the entire shipment of goods, accept the shipment of goods as is, or accept any number of commercial units and reject the rest of the goods, (Melvin 2011, pg.
Bob leaving personal items in the designated locker room constitutes a mutual benefit bailment and strict form of liability. Because the employees are required to take off their street clothes and change into protective clothing. Therefore, making it the duty of the bailer (AMC) to warn of any defects in the locker. (Even if AMC knows of no defects it is fully responsible if anything happens). Given that strict liability makes AMC absolutely liable, regardless of negligence, for all loss or damage to goods in their possession.
If BTT did receive the contract before the change in management, it may be that legally they are under a contract and may be forced to abide by the terms of the contract. Due to the fact that the original agreement was made via email it may be that BTT is liable to abide by the contract simply because there technically is a typed out direction of agreement from BTT stating what their intentions are in working with Chou. If the legal system sees this as an actual contract, it may be that this is binding enough to keep the business running. In this particular scenario the statute of frauds could possibly play a big role in this contract. The statute of frauds would play a role, because possibly the emails sent by the BTT company could possibly be evidence enough of a “verbal” contract to put them in breach of contract with the Chou company.
According to the first element of gifts, a present intention to give the gift must be made, and it was not. Abel did not anticipate on giving the painting to the Salvation Army; thus, it does not constitute as a gift. The second area of common law in which this case influenced was the law of conversion. “Conversion occurs when any person treats another’s property as their own, denying the owner possession and rights of ownership.” (Barnes, 621). The Salvation Army exercised dominion over the painting which denied Abel any rights to
DECISION: No. The appellate court agreed with Cruz that the trail court was wrong in determining that Cruz ineffectually presented Fagor with valid service of process. It also concurred with Cruz on the issue of extrinsic mistake and equitable relief. REASON: Cruz complied with the requirements for proof of service to an out-of-state corporation “by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt”. Cruz also complied with the requirements to send a summons and complaint to a corporation by sending it to the president of Fagor, Patricio Barriga.
We could bring up the case as a sample to demonstrate what we are discussing about. However, adding a question to prove our point is not recommended in academic writing. The subject line information to identify the situation has to be included on the head of the memo. In addition, clarity, correctness, and courtesy are very important and they represent for our efforts. The memo should be clearly written and organized in direct order, beginning with the objective and then systematically and covering the vital bits of information (Rentz, 2008).
If we don’t follow the laws, regulations, and conventions then we take responsibility for the action and accept the consequences. The fifth CRT principle speaks of support responsibility to globalization. The business should support improvement of domestic rules and regulations where they unfairly get in the way of global trade (Caux Round Table, 2003). This could be compared to White’s second guideline regarding honesty. Even though we will often be unsuccessful, our objective must be total honesty (White, 1978).
The reversal of the purchase order is made before shipment within the merchandise. Therefore, it is valid on the part of Gantos; the buyers behalf ( Mallor, et al.,2007). Chapter 16 Problem 7 Page 433 What result? It is obvious that Dyer endorsed the paper contract that demonstrates with the aim of no taxes had been added into the selling cost (Mallor, et al.,2007). So, then this means that Dyer needs to be alert of the sales tax.
Let's explore a few ways in which offer and acceptance occurs sans an expressed agreement: a purchase order and the mailbox rule. The Uniform Commercial Code, or UCC, is a body of rules that govern the sale of goods and other commercial transactions in the United States and looks at the use of a purchase order as an invitation to accept an offer. To elaborate, when a company issues a purchase order, what they are really doing is making a written, expressed promise without consideration to purchase products or services from another company that require prompt shipment. Since consideration is necessary to make a contract binding, the UCC made a rule that, although consideration is not
If these two components can be proven, then there is a wrongful termination case because Newcorp breaches the contract. However, Pat has to take the proper step to verify these two facts by doing the following: Pat must write a letter to Newcorp requesting a written reason to why he is being let go. Pat must keep in mind that he is being laid off, not fired, because he is being offered severance pay, meaning there may not be fault on his side or performance. If Newcorp responses and confirm that Pat is being let go because of his performance then Pat may have a case