Question
1.Highlight the pertinent facts; 2.Identify the issue of law posed by the case problem. This will be in the form of a question based on
1.Highlight the pertinent facts;
2.Identify the issue of law posed by the case problem. This will be in
the form of a question based on a legal concept from the chapter.
3.What should be the decision in the case? (i.e. the answer to the issue).
4.The reasoning for such decision.
Jack Duran, president of Colorado Carpet Installation, Inc. began
negotiations with Fred and Zuma Palermo for the sale and installation
of carpeting, carpet padding, tile, and vinyl floor covering in their
home. Duran drew up a written proposal that referred to Colorado
Carpet as "the seller" and to the Palermos as the "customer." The
proposal listed the quantity, unit cost, and total price of each item to
be installed. The total price of the job was $4,777,75. Although labor
was expressly included in this figure, Duran estimated the total labor
cost at $926. Mrs. Palermo in writing accepted Duran's written
proposal soon after he submitted it to her. After Colorado Carpet
delivered the tile to the Palermo home, however, Mrs. Palermo had a
disagreement with Colorado Carpet's tile man and arranged for
another contractor to perform the job. Colorado Carpet brought an
action against the Palermos for breach of contract. Does the Uniform
Commercial Code apply here?
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