Question
(A) AIFMA, a fish marketing association, met with NEFCO, a fish merchant, to negotiate a marketing agreement for the coming season. NEFCO's agent signed an
(A) AIFMA, a fish marketing association, met with NEFCO, a fish merchant, to negotiate a marketing agreement for the coming season. NEFCO's agent signed an agreement that contained the price for fish but omitted all other details. Is this an enforceable contract? Why or why not? 10. NEFCO shipped the fish by refrigerated trailer but, unbeknownst to the driver, the refrigeration ceased to work along the route and the fish arrived at the destination point in unsaleable condition. Who is responsible for the loss and why? 11. What remedies are available to an injured party in a breach of contract suit that does not fall under Article 2 of the UCC? 12. Phanom's Jewelry Store advertises that it sells and repairs watches. Jazmin takes her watch to Phanom's Jewelry Store to be repaired and receives a claim check. The watch was her gandmother's, and has great sentimental value. A week later, Jazmin discovers that Phanom's Jewelry Store has sold her watch to Joanna. Jazmin demands that Joanna return the watch and Joanna refuses. Discuss the rights and obligations of the parties and the outcome. 13. Wendy stole a credit card. She bought goods at a department store and paid for them by presenting the credit card to the sales clerk and forging the owner's name. The clerk became suspicious of the signature and called Rory, the security guard. Rory detained Wendy, telling her she had to wait until the police arrived. When Wendy tried to leave, Rory raised his fist and said, "if you move one inch I will hit you." Rory also took Wendy's bag and locked it in a closet, where he kept it for two weeks. While Wendy was detained, Melissa, another security guard, called Wendy names and ridiculed her. The police did not arrive for an hour and another hour elapsed while she was questioned. To deter future credit card fraud, the department store published Wendy's name online and said she was a thief. Wendy filed a civil suit against the store. Will Wendy prevail? Why or why not? 14. Mrs. Palsgraf was standing on the LIRR platform in Rockaway, next to a large scale that was used to weigh luggage. As a train pulled into the station, a man descended the stairs at the opposite end of the platform, several hundred feet away. He was carrying a large bag. Two conductors tried to help him get on the train, one pushing and one pulling him. He dropped the bag, which was full of fireworks. The fireworks exploded, causing the scale at the other end of the platform to fall and injure Mrs. Palsgraf. If you were Mrs Palsgraf's attorney, would you sue anyone for her injuries? If yes, which legal theory would you use and whom would you sue? If no, why not?
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