Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Please consider the following fact pattern and answer the questions below. A car dealer sends a purchase order for 1,000 tires for $50,000 and any
Please consider the following fact pattern and answer the questions below. A car dealer sends a purchase order for 1,000 tires for $50,000 and any dispute regarding the contract may be brought within four years of the sale date. The tire distributor sends an order acknowledgement back to the car dealer that States that it will sell 1,000 tires for $50,000 and any dispute regarding the contract may be brought within one year of the sale date. The parties go through with the deal not noticing the differences and the Battle of the Forms commences. Two years after the sale date, the car dealer notices a flaw in the tires and wants to sue. The tire distributor argues that the car dealer is too late. The order acknowledgement limited lawsuits to one year from the sale date. The car dealer argues that the purchase order limited lawsuits to four years from the sale date. They go to court and ask the judge whether the car dealer filed its lawsuit too late. 1. Does the mirror image rule apply or does the UCC apply to this situation? Please explain your answer. 2. How would the court handle conflicting terms (one year vs. four years to file a lawsuit)? Does the court accept the terms in the purchase order, order acknowledgement, or do something else? Please explain describing the law in this area
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started