Question 2:

As with We Are Weddings, I think the folks at Your Day Stationers act very foolishly in that they will lose a valued customer and probably the case too. First, Your Day Stationers are in breach of contract because they failed to deliver what was ordered. As with We Are Weddings, there is a substantial performance in the three conditions: 1) performed in good faith, 2) not greatly varied from the promised performance, and 3) created substantially the same benefit. On the other hand, they did not do complete performance (a violation of the perfect tender rule). They waited until the last moment, hours before the wedding, to inform Abby that their good were nonconforming and their proposed cure was that they had substituted card of their own preference for what she had ordered. We don't know if the substitute cards were of equal, greater, or lesser value. Also, simply because they provided a substitute and their note to Abby assumes acceptance, it doesn't establish acceptance. The second rule of acceptance is that the buyer has a reasonable amount of period of time for acceptance and they gave her none and no advanced warning which they could easily have done. Your Day Stationers might stake a claim with rule 3, if the goods were used, but I don't think that would undue their breach of contract given they left Abby with no time for other options. As a businessman, what kind of company would not inform the customer ahead of time that they were out of the cards she ordered, give her no option to choose another option or another company, select a different color and style without asking the customer, and then give her no option to not decline their substitute offer, and then expect her to pay? It's beyond my comprehension how folks like this stay in business (or maybe they don't). The case with We Are Weddings diverges here in that Abby lost no additional revenue because of the non-conformance of Your Day Stationers. Although I think Abby can clearly establish that Your Day Stationers is in breach of contract are therefore possibly liable to damages, what she can recover is limited to the cost of the cards she ordered. As Your Day Stationers did provide a substitute, if they were used (we're not old in the case study), I think she will win back a large portion of what she would have paid but perhaps not the full amount. If they were not used, I think she will win the full amount she would have paid had they been conforming.

Agree or disagree? And why?

WRITING ASSIGNMENT Papers should be 3-4 pages in length, 12-point font, double spaced, with reasonable margins. Do not restate the questions in your paper. You should (a) identify the relevant issues, (b) determine the applicable rules and principles from the text, (c) analyze how the rules and principles specifically apply to the given set of facts, and (d) state a concise and well-reasoned conclusion that logically follows from your analysis. WEDDING DAY BLUES Abby is a wedding coordinator for a high-end wedding that has been planned for over a year. The reception is set for 450 guests at an expensive and elegant beachfront hotel. Abby telephones and leases tables and chairs for the reception from the contractor she has used numerous times in the past-We Are Weddings. The chairs are requested to be wooden, white folding chairs that will match the white table cloths on the numerous tables. She also orders by telephone 450 place cards of a specific style for the reception from Your Day Stationers. Abby has worked with both We Are Weddings and Your Day Stationers numerous times in the past without a problem. On the morning of the wedding, in accordance with their usual procedure when dealing with Abby, Your Day Stationers delivers the 450 place cards to the hotel. When Abby opens the box, she sees that the place cards are the wrong color, and not in the style she ordered. There is a note with the boxes that states: Abby, sorry but we were out of the type of place cards you ordered. These are therefore nonconforming goods sent to you instead as an accommodation. We regard your telephone order as an offer to buy the place cards from us, and this prompt shipment to be an acceptance of that offer. Therefore, please pay our enclosed invoice. Thank you, Your Day Stationers Abby is furious, and telephones Your Day Stationers. No one answers the phone, so Abby leaves a voicemail message stating that she has no intention of paying for something she did not order. An hour later, a We Are Weddings truck shows up at the hotel. The driver tells Abby that all the chairs and tables are in the trailer being towed by the truck. The truck and trailer are left on the premises for the day, as per the usual procedure used between Abby and We Are Weddings. However, hours later when the trailer doors are opened, it is discovered that the folding chairs are gray metal chairs. The reception is now two hours away. Abby frantically calls We Are Weddings, but no one answersthe phone. Abby then contacts several other vendors and is able to obtain the needed chairs at twice the price quoted by We Are Weddings. There are also \"emergency\" charges and delivery charges that have to be paid. Rehlctantiy. Abby agrees. The bride and groom arevery understanding about the place mrdsand tellAbby not to be concerned. Abby promises them that they \"obviously\" will not be charged [or the mistake. The white chairs arrive. and both the wedding and reception go forward with no further issues presented. The nextdamAbbywritesane-mailtoWeAreWeddings denundingthat shebereimbursedtorall the charges she has had to incur. We Are Weddings responds by e-mail and demands payment of their own invoice. We Are Weddings' position is that Abby should have inspected the chairs upon delivery. and that if she had done so. they could have provided the needed chairs that day. We Are Weddings claims that Abby effectively accepted the delivery. Abby responds by claiming that she is revoking the acceptance, if there ever was one. We Are Weddings says she is too late to take that position. As Abby stares at the e-mail in 'ustraon. the telephone rings. It is someone from Your Day Stationers, who tells Abby that they \"fully expect\" their invoice to be paid in full. After the telephone calL Abby sits in her ofce wonderingwhat her legal rights are as to both companies. and also wondering why she ever got into the wedding coordinator business in the rst place. Please answer the following questions, based on the rules governing business transactions as set forth in the UCC: 1. What are Abby's rights against We Are Weddings. if any? If you conclude that Abby has such rights. to what damages do you believe she would be entitled? 2. What are Abby's rights against Your Day Stationers. if any? Ifyon conclude that Abby has such rights, to what damages do you believe she would be entitled