Reference no: EM131523600
Part I
Textbook : THE LEGAL ENVIRONMENT TODAY 7th edition
BUSINESS IN ITS ETHICS, REGULATORY, E-COMMERCE, AND GLOBAL SETTING
ISBN 9781111530617 , Author: Roger LeRoy Miller & Frank B. Cross
These are the questions to be answer from the textbook.
Chapter 10 : Questions and case problem beginning on page 305
Questions and Case Problems
10-1. Substantial Performance. The Caplans own a real estate lot, and they contract with Faithful Construction, Inc., to build a house on it for $360,000. The specifications list "all plumbing bowls and fixtures . . . to be Crane brand." The Caplans leave on vacation, and during their absence Faithful is unable to buy and install Crane plumbing fix-tures. Instead, Faithful installs Kohler brand fixtures, an equivalent in the industry. On completion of the building contract, the Caplans inspect the work, discover the substitution, and refuse to accept the house, claiming Faithful has breached the conditions set forth in the specifications. Discuss fully the Caplans' claim.
10-2, Discharge by Agreement. Junior owes creditor Iba $1,000, which is due and payable on June 1. Junior has been in a car accident, has missed a great deal of work, and consequently will not have the funds on June 1. Junior's father, Fred, offers to pay Iba $1,100 in four equal installments if Iba will discharge Junior from any further liability on the debt. Iba accepts. Is this transaction a novation or an accord and satisfaction? Explain.
10-5„ Condition Precedent. Just Homes, LLC (JH), hired Mike Building & Contracting, Inc., to do $1.35 million worth of renovation work on three homes. Community Preservation Corp. (CPC) supervised Mike's work on behalf of JH. The contract stated that in the event of a dispute, JH would have to obtain the project architect's certification to justify terminating Mike. As construction progressed, relations between Mike and CPC worsened. At a certain point in the project, Mike requested partial payment, and CPC recommended that JH not make it. Mike refused to continue work without further payment. JH evicted Mike from the project. Mike sued for breach of contract. JH contended that it had the right to terminate the contract due to CPC's negative.
10-8. Damages. Before buying a house in Rockaway, New Jersey,Dean and Donna Testa hired Ground Systems, Inc. (GSI), to inspect the sewage and water disposal system. Steve Austin, the GSI inspector, told Dean that the system included a tank, a distribution box, pipes, and a leach field (where contaminants are removed from the sewage). Austin's written report described a split system with a watertight septictank and a separate kitchen and laundry wastewater tank.
The Testas bought the house. Ten years later, when they tried to sell the house, a prospective buyer withdrew from the sale after receiving an inspection report that evaluated the septic system as "unsatisfactory." The Testas arranged for the installation of a new system. During the work, Dean saw that the old system was not as Austin had described- there was no distribution box or leach field, and there was only one tank, which was not watertight. The Testas filed a suit in a New Jersey state court against GSI, alleging breach of contract. If GSI was liable, what would be the measure
of the damages? [Testa v. Ground Systems, Inc., 206 N.J. 330, -20 A.3d 435 (2011)]
Chapter 11 : Questions and case problems beginning on page 344
Questions and Case Problems
11-1. Additional Terms. Strike offers to sell Bailey one thousand shirts for a stated price. The offer declares that shipment will be made by the Dependable Truck Line. Bailey replies, "I accept your offer for one thousand shirts at the price quoted. Delivery to be by Yellow Express Truck Line." Both Strike and Bailey are merchants. Three weeks later, Strike ships the shirts by the Dependable Truck Line, and Bailey refuses shipment. Strike sues for breach of contract.
Bailey claims (a) that there never was a contract because the reply, which included a modification of carriers, did not constitute an acceptance and (b) that even if there had been a contract, Strike would have been in breach because it shipped the shirts by Dependable, contrary to the contract terms. Discuss fully Bailey's claims.
11-2. Product Liability. Carmen buys a television set manufactured by AKI Electronics. She is going on vacation, so she takes the set to her mother's house for her mother to use. Because the set is defective, it explodes, causing considerable damage to her mother's house. Carmen's mother sues AKI for the damage to her house. Discuss the theories under which Carmen's mother can recover from AKI.
11-3, Anticipatory Repudiation. Topken has contracted to sell Lorwin five hundred washing machines of a certain model at list price. Topken is to ship the goods on or before December 1. Topken produces one thousand washing machines of this model but has not yet prepared Lorwin's shipment. On November 1, Lorwin repudiates the contract. Discuss the remedies available to Topken.
Please find attached pages of the texbook about the questions / case problem. You can also google or chegg as a guide or find the book. Please list references (textbook and other refer
Part 2 - Discussion
1. Is the Statute of Frauds an offensive or a defensive "weapon"? Additionally what kind of contracts does the Statute of Frauds require to be in writing to be enforceable?
2. If someone breaches a contract, what kind of damages can the non-breaching party recover?
3. When a seller under the UCC sells and delivers something to the buyer and the seller does not conform the buyer has 3 options. What are those 3 options?
4. If you worked for a business which resells items in the US (retailer) and were importing your items as they all do and expected these items for the Christmas selling season could this affect you if you were an importer? Could you do anything to protect yourself so that your company could have the needed inventory for the upcoming Christmas selling season? Elaborate.
Global Supply Chains Paralyzed After World's 7th Largest Container Shipper Files Bankruptcy, Assets Frozen