Who will prevail in given condition and why

Assignment Help Business Management

Reference no: EM131388008

In September, Auburn Plastics submitted price quotations to CBS for the manufacture of eight cavity molds to be used in making parts for CBS's toys. Each quotation specified that the offer would not be binding unless accepted within fifteen days. Furthermore, CBS would be subject to an additional 30 percent charge for engineering services upon delivery of the molds.

In December and January of the following year, CBS sent detailed purchase orders to Auburn Plastics for cavity molds. The purchase order forms stated that CBS reserved the right to remove the molds from Auburn Plastics without an additional or ‘‘withdrawal'' charge. Auburn Plastics acknowledged the purchase order and stated that the sale would be subject to all conditions contained in the price quotation. CBS paid Auburn for the molds, and Auburn began to fabricate toy parts from the molds for CBS.

Later, Auburn announced a price increase, and CBS demanded delivery of the molds. Auburn refused to deliver the molds unless CBS paid the additional charge for engineering services. CBS claimed that the contract did not provide for a withdrawal charge. Who will prevail? Why?

Reference no: EM131388008

Questions Cloud

Discuss about the strategy for the patient : NURS6341:Healthcare providers must consider all three components of health when caring for their patients in order to provide high quality care. Throughout this discussion, biopsychosocial strategies to improve the quality of care for patients, t..

Status and admiration are at the top of the pyramid : The Asian version of Maslow’s needs hierarchy says that things like Status and Admiration are at the top of the pyramid. Can Hofstede's dimensions be useful in analyzing this? If so, (of course they can!!), which ones, and why?

What an instructional leader does and believes : Explain what you now understand about what an instructional leader does and believes. Use the resources of the course, outside resources and appropriate sections of your interview to develop this section.

Provide decision in given condition : Two years later, Clark orders, and receives, 1,600 tons of sand from American Sand & Gravel. Clark refuses to pay more than $9.45 per ton. American Sand & Gravel sues for the remaining $0.55 per ton. Decision?

Who will prevail in given condition and why : Auburn refused to deliver the molds unless CBS paid the additional charge for engineering services. CBS claimed that the contract did not provide for a withdrawal charge. Who will prevail? Why?

Discuss the potential tax consequences : Discuss the potential tax consequences that could result by deferring the sale of stock into a different tax year. Be specific with your recommendations.

Create presentation detailing history of learning disability : Prepare a PowerPoint presentation detailing the history of learning disabilities. Provide substantial definitions and discuss discrepancies that may cause misidentification of students.

Percent and the discount rate : The sausage system will save the firm $170,000 per year in pretax operating costs, and the system requires an initial investment in net working capital of $29,000. If the tax rate is 34 percent and the discount rate is 10 percent, what is the NPV ..

Drawing on your readings in behavioral economics : What is imperfect optimization and why might it be costlier, in relative terms, for the poor than for the rich? Please suggest a public policy solution that may address this issue, drawing on your readings in behavioral economics.

User Account

All Pages