Question
Please be sure to define any business law terms and explain your reasoning. IRAC is not required. Ch. 20: The Contracts for the International Sale
Please be sure to define any business law terms and explain your reasoning.
IRAC is not required.
Ch. 20: The Contracts for the International Sale of Goods (CISG) and the UCC are similar, but have several notable differences. How does the CISG and the UCC treat the following aspects of a contract differently? If there is no difference, write "no difference."
- Consumer Sales
- Services
- Mirror Image Rule
- Irrevocable Offers
- Time of Contract Formation
Ch. 21 Passage of Title:
Kari takes her computer for repair to Smythe, a merchant who sells new and used computers, along with providing repair and upgrade services. By accident, one of Smythe's employees sells Kari's computer to Jordan, an innocent purchaser-customer, who takes possession. Kari wants her computer back from Jordan. If Kari files a lawsuit against Jordan, will she win? Why or why not? Please make sure to discuss when title passes in your discussion.
Ch. 22 Lovely Local Grocery orders 120 cases of yogurt variety packs from Yo-Yo Yogurt to be delivered on April 3, 2024. Without stating a reason, Yo-Yo Yogurt delivers 40 cases, instead of the 120 cases ordered, and delivered the yogurt on April 7, 2024. Does Lovely Local Grocery have the right to reject the shipment? Explain your reasoning.
What if Yo-Yo Yogurt had delivered 120 cases of blueberry yogurt instead of the variety packs on April 3, 2024? Explain your reasoning.
Hint: Make sure to discuss the Perfect Tender Rule.
Question 29
Please use the I-R-A-C method to respond to the following scenarios. HINT: The information that you will need for this question can be found in Chapter 23.
Question 29 (60 p oints)
Nguyen, who owns a manufacturing plant, needs to install a 4,000 lb. piece of equipment in his facility. This will require lifting the equipment 40 feet into the air to attach to the ceiling. Nguyen goes to Marshall's Merchantile Market (MMM) and tells the store clerk, Tommy, that he needs some heavy-duty chain to be used in his plant.
Tommy recommends a particular chain and Nguyen purchases 300 feet of it. Returning to the factory, Nguen fastens the chain around the equipment; puts the chain through a pulley; and, with a forklift, lifts the equipment off of the ground. Suddenly, the rope breaks. The equipment crashes to the ground and is severely damaged. Nguyen files a suit against Marshall's Merchantile Market for breach of the implied warranty of fitness for a particular purpose.
Discuss whether Nguyen will be successful in his lawsuit?
Question 30 (40 p oints)
Stanislav purchased a lawn mower from Antonio's Appliance Outlet (AAO). The sales contract included a provision explicitly disclaiming all express or implied warranties, including the implied warranty of merchantability. The disclaimer was printed in the same size and color font as the rest of the contract. The machine never functioned properly. Stanislav asked for a refund of the purchase price, claiming that AAO had breached the implied warranty of merchantability. When the manager of AAO refuses to refund Stanislav's money, he files a lawsuit.
Using the IRAC method, please discuss whether Stanislav can recover the purchase price, even though there is a disclaimer of the implied warranty of merchantability in the contract.
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