C' mybscbryantstrattonedu x E in m to m 9 Course Assessments Ask Your | istructor An no LI [1 Gem ems My Grades ePortfulio & Tools Student Resouro "Trade and commerce, if they were not made of indiaerubber, would never manage to bounce over obstacles which legislators are continually putting in their way," 7 Henry D. Thoreau Scenario FreshUp Company, Inc. ("FreshUp") is a packer and shipper of tomatos in Erie County, New York. FreshUp contacted W ilson, an agent and salesman for American Paper Company ("APC"), and ordered 21,500 tomato boxes for $.64 per box' The boxes were to each hold between 20 and 30 pounds of tomatoes for shipping When the boxes arrived at FreshUp's plant, 3,624 of them immediately were used to pack tomatoes When the boxes were stacked, however, they began to collapse and crush the tomatoes contained witlun them FreshUp was forced to repackage the tomatoes and store the unused tonlato boxes. FreshUp contacted APC and informed it that it no longer wanted the boxes because they could not perform as promised APC claimed that FreshUp had accepted the packages and must pay for them, Based on the information you read in the scenario, and this week's lecture and readings, respond to the following items in your initial post: . Identify who is in breach of the UCC contract. a It FreshUp breached the contract, identity what out of court remedies the APC has. It no out of court remedies are exhausted or not applicable, identify what in court remedies the APC has. o It AFC breached the contract, identify what out of court remedies FreshUp has. If no out of court remedies are exhausted or not applicable, identify what in court remedies FreshUp has. - Discuss what other factors should be taken into account. In order to engage in an active discussion envirorunent, submit your initial discussion post by Wednesday. For detailed grading criteria, refer to the Discussion Rubric