Doreen is a member of an exclusive women's social club. Only women who have achieved great notoriety
Question:
Doreen is a member of an exclusive women's social club. Only women who have achieved great notoriety are invited to join. In truth, notoriety simply equates to popularity. In a few months, the social club is hosting their annual awards dinner and Doreen is tasked with procuring the highly sought after prized awards. Each year the social club gives out unique awards such that they have become the hottest items to have. Doreen desperate not to look like a fool contacts Kathy's Novelty Emporium for help. Doreen shares that she had been in their store and was amazed by their unique and different gifts. "Some would argue that they sold only odd things, but taste is in the eye of the beholder," remarks Doreen. Kathy agrees and personally guarantees Doreen that she can find the perfect award gift. Kathy and Doreen agree on a unique porcelain tiger sculpture, titled Bette Davis Eyes of the Tiger at $250 per sculpture. Kathy sold other tiger sculptures including their most popular one made of blown glass commemorating the circus at $127 per unit. Kathy tried to convince Doreen that Ringling Brothers and Barnum and Baily (RBBB for short) circus nostalgia was very popular and unique in its comeback. Before signing and tendering payment, Kathy offers to Doreen if Doreen wanted to go to the manufacturer's distribution center and pick up the order then Kathy would knock off $10 per item ordered. Doreen agrees and tenders payment to Kathy in the amount of $21,600. Kathy goes back into the office and obtains a warehouse receipt for Doreen. Doreen inspects the receipt which clearly marks 90 units of tiger sculptures - RBBB / Fragile - glass. Doreen, waiting until the day of the awards dinner, presents the warehouse receipt and receives two sealed cardboard boxes marked RBBB - 45 quantity. To Doreen's horror, she opens the boxes at the dinner and discovers that she received commemorative glass Ringling Brothers and Barnum and Bailey circus tiger sculptures. The social club is horrified and refuses to reimburse Doreen for not only the cost of the sculptures but also the dinner totaling $150,000.
Select the most appropriate answer:
Reference: C.G.S. Title 42a
Sec. 42a-7-203. Liability for nonreceipt or misdescription. A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:
(1) The document conspicuously indicates that the issuer does not know whether all or part of the goods in fact were received or conform to the description, such as a case in which the description is in terms of marks or labels or kind, quantity or condition, or the receipt or description is qualified by "contents, condition and quality unknown", "said to contain" or words of similar import, if the indication is true; or
(2) The party or purchaser otherwise has notice of the nonreceipt or misdescription.
International Marketing And Export Management
ISBN: 9781292016924
8th Edition
Authors: Gerald Albaum , Alexander Josiassen , Edwin Duerr