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Case Study 1 Erica contracted to purchase a giant 72” television from Hometown Electronics with the delivery included in the purchase. Thus, Erica had a contract for goods and services where the sale of the good predominates and is covered under UCC Article 2 (Business Law II, Week II, Nature and Form of Sales, 2014) (U.C.C. - ARTICLE 2 - SALES (2002)). If Erica had participated in a cash sale that was concurrent that did not require delivery she would have taken possession of the goods at the time of sale (Twomey & Jennings, , 2011, pp. 381, 539). This concurrent condition did not occur as Erica and Hometown Electronics had a verbal agreement for the delivery of the television to her home. Per UCC Article 2 there is a supports this subsequent condition by the fact that Hometown electronics acted upon this condition as additional terms of acceptance in attempting to deliver the television (Twomey & Jennings, , 2011, pp. 380, 471) (U.C.C. - ARTICLE 2 - SALES (2002)). Delivery terms were FOB destination because of the subsequent condition that Hometown Electronics acted upon at the time of the agreement concerning delivery. The third party to the contract, delivery truck, got in an accident when attempting to deliver the television. Therefore, the title to the goods, and the responsibility for them, transfers to the third party (Twomey & Jennings, , 2011, p. 497). Hometown Electronics is required to find a substitute television because the risk of loss did not pass to Erica until it arrived at her home (Twomey & Jennings, , 2011, p. 505). Once delivery has occurred, it is Hometown Electronics responsibility demand Erica’s timely inspection of the television to ensure that there is no damage and that it operates accordi... ... middle of paper ... ...v. McDonald's Restaurants that is regarded as a frivolous law suit (Liebeck v. McDonald's Restaurants). Works Cited Business Law II, Week II, Nature and Form of Sales. (2014). Retrieved March 31, 2014, from South Unversity Online: myeclassonline.com Liebeck v. McDonald's Restaurants. (n.d.). Retrieved March 31, 2014, from Doc Stoc: http://www.docstoc.com/docs/113680900/Liebeck-v-McDonalds-Restaurants Twomey & Jennings, . (2011). Anderson's Business Law and the Legal Environment, Comprehensive Volume (22 ed.). South-Western College Publications. U.C.C. - ARTICLE 2 - SALES (2002). (n.d.). Retrieved March 31, 2014, from Cornell University Law School: http://www.law.cornell.edu/ucc/2/article2 Zakary Kessel v. Stansfield Vending, Inc. (2006, March 16). Retrieved March 31, 2014, from Justia US Law: http://law.justia.com/cases/wisconsin/court-of-appeals/2006/24501.html
Tommy Takem owns a small appliance store in the southwest part of the state of Virginia. Tommy has built his business on targeting the poor, unsophisticated, and uneducated in the Appalachian regions of Virginia, Kentucky, Tennessee, and West Virginia. There is little competition in the region where he sells his goods; therefore, he charges 10-20% higher prices than the nearest retail competition. Furthermore, as a ruse to increase sales, Takem’s has hired a few high pressure salespeople to go door-to-door selling the appliances and electronics at a markup of 30% more than his retail location, though this information is not disclosed to the purchaser. Also, as most of Tommy’s clientele have poor credit, the financing is handled by Takem’s Appliances as well, with an additional charge of 15% plus the highest interest rate allowable by
A Louisiana attorney is constantly asked by non-Louisiana peers if the state ever adopted the Uniform Commercial Code or if they are still using the old, outdated, Napoleonic Code. Though Louisiana has stark interpretations of the relevance of the UCC, the state has adopted the code in piecemeal. This article is a partial synopsis of introducing readers to a few of the concepts of UCC as adopted by Louisiana compared to the existing principles of the law of sales.
"Summary of the Decision." Landmark Cases Of The U.S Supreme Court. Street Law, Inc, n.d. Web. 1 Nov. 2013. .
Miller, R. L., and Hollowell, W. E. (2006). 2007 Business law and legal environment texts. Mason, OH: West Legal Studies in Business.
Marshall Peterson has invested a significant amount in advertising, and growing his business of offering the Muscadine grapes that John Doe’s company supplies to him. In the event that Mr. Peterson is required to either discontinue the sale of the grapes, or will need to locate and establish a new relationship with a new supplier, his business will likely be negatively affected at least for a short time. If he chooses to pursue legal action, then there are certain legal considerations that he will enlist to build his case.
M2: Analyse how consumers are protected in the event of breach of contract for the supply and sale of goods or services.
Schmitz, A. (2012). The Legal Environment and Business Law (Executive M.B.A. Edition v. 1.10 ed.). [Adobe PDF]. Retrieved from
State V. Fisher. Wisconsin Supreme Court. 17 May 2006. LexisNexis Academic. Web. 04 May 2014. .
United States v. Emerson. No. 99-10331 U.S. Court of Appeals for the Fifth Circuit. 2001 Online. Find Law. 30 Mar. 2005
Twomey, D. (2013). Anderson's Business Law and the Legal Environment, Comprehensive Volume [VitalSouce bookshelf version]. Retrieved from http://digitalbookshelf.southuniversity.edu/books/9781285696683/id/L35-1-7
Jackson, Kevin, and Eric Johnson. "McDonald v. Chicago (08-1521)." Legal Information Institute. Cornell Law School, 30 Mar. 2014. Web. 22 Apr. 2014.
Mallor, J. P., Barnes, A., Bowers, T., & Langvardt, A. W. (2010). Business Law: The Ethical, Global, and E-Commerce Environment (14th ed.). New York, NY: McGraw-Hill/Irwin.
...useless car to a junk yard to recover some loss, but the difference of the re-sale of the junk-car would be a significant loss. Though there were no adequate assurances to the contract, anticipatory repudiation is the only probable remedy for Jack. However, the outcome would weigh on the predominant factor test, which is met because Tom is covered as a merchant because he is operating in his usual daily business, and Jack is the buyer. The sole purpose of the contract was for Tom to sell Jack a car, and for Jack to buy a car from Tom. The UCC, though less stringent than the statute of frauds, does effectively regulate commercial transfers allowing the free market to operate without diminishing the integrity of trade.
Widmar v. Vincent, 454 U.S. 263, 102 S. Ct. 269, 70 L. Ed. 2d 440 (1981). Retrieved from: http://scholar.google.com.libproxy.clemson.edu/scholar_case?case=7188907281892258516&q=widmar+v.+vincent&hl=en&as_sdt=6,41
The newly appointed district sales manager, Larry Barr, faces the problem of allocating sales quotas among his various sales representatives. This decision will affect everyone's earnings including his own. This problem is compounded by the fact that different territories have, for a variety of reasons, different potentials. In addition, the territory that is known to be the toughest will soon require a new sales rep.