Question
Andy brings a new computer to the Quick Fix Repair shop to be fixed. Two days later, a buyer comes into the shop and Quick
- Andy brings a new computer to the Quick Fix Repair shop to be fixed. Two days later, a buyer comes into the shop and Quick fix inadvertently sells Arthur's computer. Arthur now wants his computer back.
- Can Arthur get his computer back? Why or why not, explain.
- Why do you think the UCC follows this rule in situations such as the one above? Explain
- Answer the following:
a) If parties agree to do business but sign an agreement that does not specify the price, delivery or payment terms, is there still a contract?
b) If there is still a contract, what would be the price, delivery and payment terms?
c) What is a type of contract that does not specify the quantity of goods?
3.) Robert orders 1,000 widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Robert orally requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding, why or why not?
4. John and Mary entered into a written contract whereby John agreed to sell and Mary agreed to buy 5,000 bushels of wheat at $15.24 per bushel, deliverable at the rate of 1,000 bushels a month commencing July 1, the price for each installment being payable ten days after delivery thereof. Though John delivered and received payment for the July installment, he defaulted by failing to deliver the August and September installments.
By September 15, the market price of wheat had increased to $20.50 per bushel. Mary thereupon entered into a contract with Alan to purchase 5,000 bushels of wheat at $20.50 per bushel deliverable over the ensuing four months. In late September, the market price of wheat started to decline and by December 1 was $9.25 per bushel. Answer the following: Will Mary succeed in legal action against John for breach of contract? Why or why not?
7.
On May 10, the Adair Company, acting through one Brown, entered into a contract with Clark for the installation of a milking machine at Clark's farm. Following the enumeration of the articles to be furnished, together with the price of each article, the written contract provided: "This outfit is subject to thirty days' free trial and is to be installed about June 1." Within thirty days after installation the entire outfit, except for a double utility unit, was destroyed by fire through no fault of Clark. The Adair Company sued Clark to recover the value of the articles destroyed. Explain who bears the risk of loss.
Is this contract an example of a sale on approval or a sale or return contract?
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