Harry retained a plumber to install 10 new sinks and toilets in his investment property in Flushing. New York. At the conclusion of the work, Joe the Plumber gave Harry a bill in the amount of $ 3.500 which included $ 1,650 for labor and $ 1,850 for parts and stated at the fra bottom:"Purchaser has 48 hours in which to make any complaints; otherwise, all complaints near are WAIVED and payment must be made." Ten days later tenants called Harry to complain that the toilets and sinks were not working. Harry called Joe to request service and Joe said: "Read the bill it's too late for complaints. However, I will make a service call for $150. Harry rejected the suggestion and insisted that doe take care of the problem. Joe said "No!" Harly consults you about his rights under the UCC. Can he maintain a claim under the UCC? T If he gets sued for non payment, what defense(s) may he use? If he chooses to make a claim who and can do so under the CC what theories of liability can he argue to the court? Effect? more o bol odoo b oH 3000 under the 2 Sam an agent for Wal-Mart visited Johnca farmer for more than 30 years in upstate New York with the intention of purchasing all of the farmer's seasonal apple cron. During es discussions, Sam offered John 25 cents each for 500,000 " Fuji " apples and John orally accepted. Later John was visited by an agent for Target and he accepted an offer of 32 cents per apple for bik crop and signed a purchase order. Ten days later, John received by certified mail, a letter from Sam confirming the terms of their oral agreement. John threw the letter in the trash basket. After the apple crop was harvested, Wal-Mart demanded delivery and John refused. John delivered his entire crop to Target. Later, Wal-Mart secured apples front Fancy Farms at 50 cents per apple, although other similar apples were available 35 cents bach. If Wal-Mart elects to sue John, on what basis may it recover? What damages, if any, may it recover? (What defenses, if any, may John raise? Discuss. Tout ce 3. AUTO ZONE Coordered by telephone 500 tire rims from ABC Manufacturing Co. at all $150 per tire rim, with delivery to "buyer's place of business with extra care within thirty days"ABC responded by fax : "Thank you for Order, Please remit 10% of purchase price within five days and balance by bank or certified check on delivery. All disputes through sh arbitration." AUTO ZONE responded by fax: "Will send 10% check as per your request; in the event of any disputes, parties agree to go to court. Please sign and return" Five days later, AUTO ZONE sent a check for $ 7,500 to ABC but did not sign and return the fax. 0 Twenty days later, ABC sent a fax to AUTO ZONE: We are shipping the tire rims by Paul's Transport Co. and bill of lading to you by mail." While en route to AUTO ZONE, the truck driver lost control of the vehicle and crashed and all merchandise was lost. When delivery did not take place, AUTO ZONE faxed ABC: Send us our order for Goods immediately!" ABC responded: "We will make another delivery but only after you pay for the goods in the 1st shipment." AUTO ZONE refused and demanded the return of its deposit or court. ABC refused and demanded payment or Arbitration. Must Auto Zone arbitrate? Why? Why not? Must AUTO ZONE pay for the goods? Why? Why not? Harry retained a plumber to install 10 new sinks and toilets in his investment property in Flushing. New York. At the conclusion of the work, Joe the Plumber gave Harry a bill in the amount of $ 3.500 which included $ 1,650 for labor and $ 1,850 for parts and stated at the fra bottom:"Purchaser has 48 hours in which to make any complaints; otherwise, all complaints near are WAIVED and payment must be made." Ten days later tenants called Harry to complain that the toilets and sinks were not working. Harry called Joe to request service and Joe said: "Read the bill it's too late for complaints. However, I will make a service call for $150. Harry rejected the suggestion and insisted that doe take care of the problem. Joe said "No!" Harly consults you about his rights under the UCC. Can he maintain a claim under the UCC? T If he gets sued for non payment, what defense(s) may he use? If he chooses to make a claim who and can do so under the CC what theories of liability can he argue to the court? Effect? more o bol odoo b oH 3000 under the 2 Sam an agent for Wal-Mart visited Johnca farmer for more than 30 years in upstate New York with the intention of purchasing all of the farmer's seasonal apple cron. During es discussions, Sam offered John 25 cents each for 500,000 " Fuji " apples and John orally accepted. Later John was visited by an agent for Target and he accepted an offer of 32 cents per apple for bik crop and signed a purchase order. Ten days later, John received by certified mail, a letter from Sam confirming the terms of their oral agreement. John threw the letter in the trash basket. After the apple crop was harvested, Wal-Mart demanded delivery and John refused. John delivered his entire crop to Target. Later, Wal-Mart secured apples front Fancy Farms at 50 cents per apple, although other similar apples were available 35 cents bach. If Wal-Mart elects to sue John, on what basis may it recover? What damages, if any, may it recover? (What defenses, if any, may John raise? Discuss. Tout ce 3. AUTO ZONE Coordered by telephone 500 tire rims from ABC Manufacturing Co. at all $150 per tire rim, with delivery to "buyer's place of business with extra care within thirty days"ABC responded by fax : "Thank you for Order, Please remit 10% of purchase price within five days and balance by bank or certified check on delivery. All disputes through sh arbitration." AUTO ZONE responded by fax: "Will send 10% check as per your request; in the event of any disputes, parties agree to go to court. Please sign and return" Five days later, AUTO ZONE sent a check for $ 7,500 to ABC but did not sign and return the fax. 0 Twenty days later, ABC sent a fax to AUTO ZONE: We are shipping the tire rims by Paul's Transport Co. and bill of lading to you by mail." While en route to AUTO ZONE, the truck driver lost control of the vehicle and crashed and all merchandise was lost. When delivery did not take place, AUTO ZONE faxed ABC: Send us our order for Goods immediately!" ABC responded: "We will make another delivery but only after you pay for the goods in the 1st shipment." AUTO ZONE refused and demanded the return of its deposit or court. ABC refused and demanded payment or Arbitration. Must Auto Zone arbitrate? Why? Why not? Must AUTO ZONE pay for the goods? Why? Why not