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Scenario 1: Dandy Online Playing Experiences, LLC {DOPE} wants to create unique online gaming experiences that allow customers to interact with live performers rather than

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Scenario 1: Dandy Online Playing Experiences, LLC {DOPE} wants to create unique online gaming experiences that allow customers to interact with live performers rather than through conventional, computer-graphics based designs. lts owners have a background in marketing and television production but lack technical and computer expertise. In March. DOPE signs a work order authorizing Samuel Avila "to deliver a working prototype of a customer interactive system. demonstrating the integration of live video and gaming in a web browser.\" DOPE agrees to pay Avila Slm for creating the prototype. In May, DOPE signs a second work order in the amount of ssanoana for Avila to install a customized rewall system to support the gaming prototype. The work orders state that DOPE would make weekly payments of $1,0tl and that the work would be nished by the end of August. Due to unforeseen problems largely attributable to system conguration and software incompatibility, the project requires more time than anticipate-:1. By July, the Web site is still not ready, and DOPE has fallen behind in its payments to Avila. Avila threatens to cease work and le a suit for breach of contract unless the bill is paid. Rather than make further payments. DOPE wants to abandon the Web site project. 1. Would a court he likely to decide that the transaction between DOPE and Avila were controlled by the Uniform lCommercial lCode tUCC]? Why or why not? 2. Would a court he likely to consider DOPE a merchant under the UCC? Why or why not?I 3. Did the parties have a valid contract under the UCC? Were any terms left open in the contract? If so, which term? How would a court deal with open terms? 4. Suppose that DOPE the Avila meet in September in an attempt to resolve their problems. At that time, the parties reach an oral agreement that Avila will continue to work Wi'lDl demanding full payment of the past due amounts and DOPE will pay Avila $1,500 per week. Assuming the contract falls under the UCC. is the oral agreement enforceable? Why or why not? Scenario 2: In December. Molina agrees to buy the avocados grown on trees disbursed over ten acres of Mission Ho] low's one-hundred-acre avocado farm. The sales contract specied FJ'JB Mission Hollow's eld by Biscoute Transportation. The avocados are to be harvested in etober of the following year. 1. At what point is a crop of avocados identied to the contract under the Uniform Commercial Code? Why is identication signicant? 2. When does title to the avocados pass from Mission Hollow to Molina under the contract terms? Why? 3. Suppose that while in transit. Bisconte's mick overturns and spills the entire load. 1|Ill-"ho bears the loss, Molina or Mission Ho] low? 4. Suppose that instead of buying fresh avocados, Molina had contracted with Mission Hollow to purchase one thousand cases of frozen avocados from Mission Hollow's processing plant. The highest grade of avocados is packaged under the \"Good As Fresh\" label, and ever-gushing else is packaged under the \"Family Best" label. Further suppose that although the contract specied that Molina was to receive Good As Fresh broccoli, Eisconte delivered Family.r Best avocados to Molina. If Molina refuses to accept the avocados+ who bears the loss":ll

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