Contract, Sales - Scenario #1:
The Macon Whoopies, a newly formed hockey club, contracts to buy 150 hockey pucks from a wholesaler in Youngstown, Ohio.
Questions:
What are the wholesaler’s delivery obligations, and what kind of contract exists if the agreement states: F. O.B. Macon? Explain. Be specific.
What are the wholesaler’s delivery obligations, and what kind of contract exists if the agreement states: Ship to Macon Whoopies, Macon, Georgia? Also, who bears the risk of loss? Explain. Be specific.
Contract, Risk of Loss - Scenario #2:
Don, engaged in the business of installing underground telephone lines, ordered three reels of underground cable from Pat to be delivered to Don’s place of business. Pat delivered reels of aerial rather than underground cable. When informed of the mistake, Pat told Don to return the cable, but he was unable to do so because of a trucking strike. The cable was stolen from Don’s regular storage space where it had been delivered. Pat sued for the purchase price.
Question:
Who has the risk of loss? Compare and contrast this scenario with Scenario #1. Explain. Be specific.
Contract , U.C.C. - Scenario #3:
Defendant ordered from Plaintiff two lead-covered steel tanks to be constructed by Plaintiff according to specifications supplied by the defendant. The tanks were designed for the special purpose of testing X-ray tubes and were required to be radiation-proof within certain federal standards. Defendant inspected the goods and accepted them, notwithstanding some defects. Defendant then attempted to revoke the acceptance but did not do so properly. The seller retained possession of the tanks; and when the buyer failed to pay for them, a suit was filed for the purchase price.
Question:
Is Plaintiff entitled to the purchase price? Explain.
Contract, Performance - Scenario #4:
Casting and Made-Rite had an agreement under which Casting was to supply 1,600 barrel latches by January 27. Casting shipped 74 parts on January 21, 228 parts on February 27, 623 parts on March 9, 629 parts on April 8, and 70 parts on May 14. Made-Rite did not notify Casting of any intention to reject the barrel latches. Made-Rite inspected the latches in its possession in early April and sent back to Casting those latches found to be non-conforming, which Casting reworked and redelivered
Question:
Has Made-Rite accepted the castings? Explain why or why not. Compare and contrast Scenario #3 to Scenario #4. Be specific.
Contract, U.C.C. - Scenario #5:
Newman bought a mobile home from Moses. On February 9, Moses delivered the mobile home to Newman’s rented lot, blocked and leveled it, and connected the sewer and water pipes. Later that day, Newman’s fiancée cleaned the interior of the mobile home and moved some kitchen utensils and dishes into the mobile home. She noticed a broken window and water pipe. Newman called Moses and told him about these conditions and that he also had no door keys. On February 10, a windstorm totally destroyed the mobile home. When Newman refused to pay the purchase price, Moses sued, claiming that Newman must bear the loss since Newman had accepted the mobile home. Newman contended that he had not accepted the mobile home since he had complained of specific defects.
Question:
Did Newman accept the mobile home? Why or why not? Who bears the risk of loss? Explain. Be specific. Compare and contrast Scenario #2 to Scenario #5.
You are expected to write in the third person (e.g., she, he, they, etc.) when you answer the questions for this Exercise.
Please number your answers and provide a word count at the bottom of each answer (100-150 words) and a total word count at the end of your document. There should be only one attachment that includes the answers to the questions. Be sure to write your answer based on the word counts in the questions, no more, no less (i.e., it would be 500-750 words total for all the answers).
