Reference no: EM131387997
The defendant, Gray Communications, desired to have a television tower built. After a number of negotiation sessions conducted by telephone between the defendant and the plaintiff, Kline Iron, the parties allegedly reached an oral agreement under which the plaintiff would build a tower for the defendant for a total price of $1,485,368.
A few days later, the plaintiff sent a written document, referred to as a proposal, for execution by the defendant. The proposal indicated that it had been prepared for immediate acceptance by the defendant and that prior to formal acceptance by the defendant it could be modified or withdrawn without notice.
A few days later, without having executed the proposal, the defendant advised the plaintiff that a competitor had provided a lower bid for construction of the tower. The defendant requested that the plaintiff explain its higher bid price, which the plaintiff failed to do. The defendant then advised the plaintiff by letter that it would not be retained to construct the tower.
The plaintiff then commenced suit, alleging breach of an oral contract, and asserting that the oral agreement was enforceable because the common law of contracts, not the Uniform Commercial Code (UCC), governed the transaction and that under the common law a writing is not necessary to cover this type of transaction.
Even if the transaction was subject to the UCC, the plaintiff alternatively argued, the contract was within the UCC ‘‘merchant's exception.'' Is the contract enforceable?
|
Write decision in given condition
: Terminal Grain Corporation brought an action against Glen Freeman, a farmer, to recover damages for breach of an oral contract to deliver grain.
|
|
What variables would you consider in developing such a model
: What variables would you consider in developing such a model? See if your modelmatches the one developed by the Nobel laureate economist Gary Becker.
|
|
Determining the numerical calculations
: Write full and complete answers to questions 21, 22, 23 and 24 on page 318 in your textbook. Show your work on any numerical calculations that are required as well as explain all steps used to solve any problems.
|
|
Identify digital media and applications that help teacher
: Identify digital media and applications that might help the teacher to address the learning needs of the student groups in each of the following three scenarios.
|
|
Is the contract enforceable
: Even if the transaction was subject to the UCC, the plaintiff alternatively argued, the contract was within the UCC ‘‘merchant's exception.'' Is the contract enforceable?
|
|
Show the impact of minimum wage on employment
: using supply-demand diag show the impact of minimum wage on employment,unemployment and income of both sets.is the unemployment voluntary or involuntary?
|
|
Current exchange rate the peso
: Assume the implied PPP rate of exchange of Mexican Pesos per U.S. dollar is 8.50 according to the Big Mac Index. Further, assume the current exchange rate is Peso 7.50/$1. Thus, according to PPP and the Law of One Price, at the current exchange ra..
|
|
Federal reserve has taken many expansionary actions
: Over the past 7 years the Federal Reserve has taken many expansionary actions such as keeping interest rates low and buying government bonds and mortgage-backed securities to increase the money supply, hoping to spur buying and investment. Which prob..
|
|
Discuss about the biopsychosocial strategies
: NURS6341:The biopsychosocial model is one that I can relate to as a health care professional because I tend to view my patient as a whole and not only focus on the most significant condition or problem at the time. I also feel as though I am more ..
|