Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 9, Problem 11CP
Summary Introduction
To discuss: The decision of the trail court.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solution
Students have asked these similar questions
(a) In performing a contract of sale of goods, there may be a situation where the seller fails to deliver the goods in the agreed quantity. Discuss the rights of the buyer upon such failure.(b) Mel complains about a shabby t-shirt that was delivered to him by an online trader upon his purchase, but the trader refuses to issue a refund on the ground that the t-shirt is a clearance item. Advise Mel
Under the Uniform Commercial Code (UCC), which of the following remedies is available to both buyers and sellers?
Select one:
a. Recovering the total value of goods in the contract
b. Recovering profit from the resale of nonconforming goods by the other party
c. Damages in the amount of the difference between the contract price and the market price of goods
d. Obtaining specific performance of the contract
Deep South Imaging Inc., a US company enters into an agreement with Cortez Health Systems, a Mexican company. The agreement calls for Deep South to purchase 5 new MRI machines at a price of $20,000 each. The contract calls for delivery to Deep South's headquarters in Mobile, Alabama. The contract is silent as to risk of loss. When the goods arrive, Deep South is upset to see that two of the machines were damaged in transit. Deep South informs Cortez that it will not pay for the broken machines. If Cortez sues Deep South, it will likely
A. Win, because the UCC requires deep south to pay pay for the goods
B. Lose, because MRI machines are related to a service and therefore are not covered by the CISG
C. Win, because damage to the goods does not give the buyer the right to not fulfill its payment obligations
D.
Chapter 9 Solutions
Smith and Roberson’s Business Law
Knowledge Booster
Similar questions
- Before the purchase transaction, Shell had made know to Carbonic Co the purpose and intended use of electrodes. In short, Shell company put their trust and reliance on the skill and expertise of Carbonic Co. So, Shell ordered 60,000 kilograms of welding electrodes from Carbonic Co. for use in a project involving the fabrication of a cross-country gas transmission line. It turned out the electrodes are incapable of producing satisfactory weld in a vertical position. Shell sued Carbonic Co for violation under the Sale of Goods Act. Does Shell action prosper? Please state your reasons.arrow_forwardEmilio's Italian Restaurant enters into a contract with Vino winery wherein Emilio's agrees to purchase all the wine that Vino produces for $8/bottle. a. This contract is unenforceable because it fails to specify a quantity in the contract. b. This is an enforceable contract. c. This contract will only be enforceable if every other contract terms is specified in the contract. d. This contract is unenforceable because Vino hasn't given any consideration for selling all their wine to Emilio's.arrow_forwardFresh Grow Farm enters into a contract with Gourmand’s Restaurant for a sale of a certain quantity of specified vegetables. After Fresh ships the produce but before Gourmand’s receives it, the buyer declares bankruptcy. Fresh can stop delivery of the goods in transit a. only if the quantity is at least a truckload. b. regardless of the quantity. c. only if the quantity is at least 50 percent of the contract amount. d. only if the quantity is in a single “unit.” If the seller is not a merchant, and the goods are being held by the seller for the buyer to pick up, the risk of loss passes to a buyer on identification. True False To protect a buyer from surprise, a warranty can be limited only by general, ambiguous language. True Falsearrow_forward
- Which of the following is true? Select one: a) The seller or the supplier shall perform his/her deeds within the promised period, as of the moment the consumer's order is received. In any case, the period shall not exceed thirty days in the sale of goods. The contract is deemed to be automatically cancelled if the seller does not perform his/her deeds within such period. b) You have a right to withdraw form the contract (and send back the goods) in 7 days without stating any reason and without having to pay anything (including price and any type of claim for withdrawing the contract). c) A contract concluded by parties on internet is specified as a distance contract. d) Electronic commerce law only deals with sales contracts concluded in internet.arrow_forwardOn a beautiful Saturday in October, Francie decides to take the twenty-mile ride from her home in New Jersey into New York City to do some shopping. Francie finds that Brown’s Retail Sales, Inc., has a terrific sale on televisions and decides to surprise her husband with a new high-definition television. She purchases the set from Brown’s on her VISA card for $1,450. When the set is delivered, Francie discovers that it does not work. Brown’s refuses to repair or replace it or to credit Francie’s account. Francie therefore refuses to pay VISA for the television. VISA brings a suit against Francie. Will VISA prevail? Why or why not?arrow_forwardIn marketing law, the sale of goods as a contract whereby the Seller transfers or agrees to transfer the property in goods to the Buyer for a Consideration called Price consisting wholly or partly of money. Discussarrow_forward
- Lizard Lick Corporation requires all distributors of its lizard salt lick products to sell the products at specified minimum prices. This resale price maintenance agreement is not subject to antitrust law as it deals with products for animal life and the antitrust laws were implemented to protect people only. a violation of the Clayton Act. a per se violation of the Sherman Act. subject to evaluation under the rule of reason. just plain wrong and illegal on for numerous reasons.arrow_forwardIn 1923, DuPont was granted the exclusive right to make and sell cellophane in North America. In 1927, the company introduced a moisture-proof brand of cello- phane that was ideal for various wrapping needs. Although more expensive than most competing wrapping, it offered a desired combination of transparency, strength, and cost. Except for its permeability to gases, however, cellophane had no qualities that a number of competing materials did not possess as well. Cellophane sales increased dramatically, and by 1950, DuPont produced almost 75 percent of the cellophane sold in the United States. Nevertheless, sales of the material constituted less than 20 percent of the sales of “flexible packaging materials.” The United States brought an action, contending that by so dominating cellophane production, DuPont had monopolized a part of trade or commerce in violation of the Sherman Act. DuPont argued that it had not monopolized because it did not have the power to control the price of…arrow_forwardSeller entered into a contract to sell goods at a contract price of $2,000. At the delivery date, the seller refuses to deliver the goods. If the buyer covers on the date delivery is supposed to occur, the cost to acquire alternate goods, also the fair market value, is $2,200. One week later the fair market value is $2,500. Discuss the remedies available to the buyer.arrow_forward
- WS Produce, a small family business engages in importing fruit and vegetables, entered into an agreement with PP Produce Inc., a large wholesale fruit and vegetable business, to supply PP Produce Inc. with a container shipment of 1,000 boxes of pomelos imported from Vietnam. The pomelos were delivered to PP Produce Inc. together with a purchase order (PO) invoice the pomelos at $50.00/box. A load sheet, signed by the person at PP Produce Inc. who took delivery, referred to the consignment as having been received. The company has no history of stocking volume of pomelos because it is not saleable. Then they requested the WS Produce to take back 200 boxes of which WS Produce did. WS Produce issued a credit memo of $10,000.00 for the 200 boxes. Since it is not saleable, PP Produce Inc. was unable to sell the remaining pomelos and eventually many of them rotted. WS Produce claimed the balance of the price. PP Produce Inc. contested that the pomelos had been supplied on consignment and…arrow_forwardTime Inc. offers to sell to Unlimited Sales Company one hundred digital watches at $50 a piece, subject to certain specific delivery dates. Unlimited replies with a signed purchase order that reads, “Accept your offer for 100 watches at $50 each. Must be delivered to our warehouse.” Time does not respond or deliver the goods. Unlimited files a suit for breach of contract, to which Time answers that there is no contract because Unlimited’s purchase order contained additional terms and is not signed by Time. A valid contract exists and the additional terms ("must be delivered to our warehouse") becomes part of the contract. A) True B) Falsearrow_forwardTom Taylor, the Sales Manager, was told by his boss, Carl Bauer, to take an order from a new customer for a batch of products. Tom knew that the products involved would only partially meet the customer’s requirements and that Carl knew that. But, Carl insisted that the order was too valuable to lose. What should Tom do?arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill Education
Management (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSON
Business Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSON
Fundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON