Lazur Corp. entered into a contract with Baker Suppliers, Inc., to purchase a used word processor from
Question:
Lazur Corp. entered into a contract with Baker Suppliers, Inc., to purchase a used word processor from Baker. Lazur is engaged in the business of selling new and used word processors to the general public. The contract required Baker to ship the goods to Lazur by common carrier pursuant to the following provision in the contract: “FOB Baker Suppliers, Inc., loading dock.” Baker also represented in the contract that the word processor had been used for only 10 hours by its previous owner. The contract included the provision that the word processor was being sold “as is,” and this provision was in a larger and different type style than the remainder of the contract. Assume that Lazur refused to accept the word processor even though it was in all respects conforming to the contract and that the contract is otherwise silent. Under the UCC Sales Article:
a. Baker can successfully sue for specific performance and make Lazur accept and pay for the word processor.
b. Baker may resell the word processor to another buyer.
c. Baker must sue for the difference between the market value of the word processor and the contract price plus its incidental damages.
d. Baker cannot successfully sue for consequential damages unless it attempts to resell the word processor.
AppendixLO1
Step by Step Answer:
Anderson's Business Law And The Legal Environment
ISBN: 9780324638189
20th Edition
Authors: David P Twomey, Marianne M Jennings, Ivan Fox