Question
The Ariel Materin Potato Co., located in Cahill, Idaho, produces canned potatoes in two varieties- raw and cooked. Not surprisingly, the cans have different labels.
The Ariel Materin Potato Co., located in Cahill, Idaho, produces canned potatoes in two varieties- raw and cooked. Not surprisingly, the cans have different labels. Raw has a red label, the cooked sports a silver label. Each is quite distinctive, (and the seller knows its buyers use each type of potato, raw and cooked, for very different purposes.)
Nicole Riddle owns and operates a very upscale food market on the Drexel Campus. She orders several cases of cooked potatoes from Materin Co. One of the terms in the contract is, "F.O.B. Cahill, Idaho." Another line of the contract reads, "Send to Riddle Grocers, 3707 Baring Street, Philadelphia, PA."
On October 9, having no cooked potatoes in stock, Materin Co. ships raw potatoes instead, not wanting to miss the contractual delivery date of October 10. Materin Co. uses the Ericson Express CO., as the carrier.
That night, while the potatoes are still in transit, Ericson's truck falls off of a bridge and into a river and every single can of potatoes springs a leak and is ruined.
Materin CO. sues Riddle for ALL the money due under the contract. Riddle asserts she owes Materin Co. nothing.
- State claims (i.e., legal theories) of Materin CO. as to its legal rights with respect to the potato contract and the facts of the case. There is more than one claim.
- State the attempted defenses of Riddle as to her legal rights with respect to each of each of Materin CO's claims dealing with the potato contract and the facts of the case .There is more than one claim so there is more than one defense attempted.
- Decide the case, giving your reasons for the decision. EXPLAIN FULLY, but you can refer to your discussions in a) and b) instead of writing them out again.
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