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Grocery, Inc. Uniform Commercial Code

Uniform Commercial Code contracts and Common Law contracts share much of the same requirements regarding formation. Both requires an offer, acceptance by an offeree and a benefit received by a promisor or a detriment incurred by a promise, also known as consideration. Common Law rules apply to contracts involving real estate, services or intangibles.
Goods include all items that can be both moveable and identifiable at the time of sale. Services include construction work, professional work and personal services. Real estate involves the purchase and sale of land. Intangibles include patents, copyrights and software

In this scenario Grocery, Inc. is dealing with produce, which is a good and is covered by the UCC.

Grocery, Inc Renovations


The prime contract in this scenario was between Grocery, Inc. and Company A
No assignment /delegation clause for Company A Company A is responsible for the work performed by Company B

Since the work was not to the standard of Grocery, Inc., t


They do have the right to sue Company A for breach of contract. It will be up to Company A to go after Company B for performing sub par work, as Grocery, Inc. Did not have a contract with Company B.

Grocery, Inc. (Jeff)


If Jeff is under 18
And signed this contract on

If Jeff is 18 or older
The dealership would not

his own it would be void In this case the dealership would have to refund Jeff all of his money and take the car back, because the contract was not legal.

have to take the car back, nor would they have to refund any of Jeff's money. Note that auto purchases do not include a limited right to rescind of any sort; once the transaction is complete, it is considered final.

Gap Filing Rule (Cereal, Inc.)


If the seller fails to achieve perfect tender, the buyer has three options: 1) Reject the entire shipment 2) Accept the shipment of goods as is 3) Accept any number of commercial units and reject the rest of the goods in a reasonable time. According to the UCC the UCC allows a contract to be enforced based on: 1) Past commercial conduct 2) Correspondence or verbal exchanges between the parties 3) Industry standards and norms

Harry and Tom Breach of Contract

THE FACTS: 1) Does Harry have to have a contract? 2)Does Harry have an enforced verbal answer that states Tom is selling him the trains only with or without a contract? 3) Does Harry have a witness to his claim? Under the law of equitable estoppels it says; to protect from deliberately being harmed by conduct. Deliberate can be in the form of:
An action Silence Agreement Disguising of facts

-There are other forms of equitable estoppels, one is promissory estoppels, this would apply in Toms case- which is reliant on a person through the promise of another causing harm to set person, which in this case would be what Harry feels that Tom has done.

Grocery, Inc. (Jason)


2-601. Buyer's Rights on Improper Delivery. Subject to the provisions of this Article on breach in installment contracts (Section 2-612) and unless otherwise agreed under the sections on contractual limitations of remedy (Sections 2-718 and 2-719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may (a) reject the whole; or (b) accept the whole; or (c) accept any commercial unit or units and reject the rest. In this case, the UCC clearly states that if the goods are rejected, Jason will be found responsible for the costs.

Is there a contract?

SUPPLIER, INC. (BILL)

There is a contract, but the contract is not very specific in nature.


2-309. Absence of Specific Time Provisions; Notice of Termination. UCC states that if there are no time provisions made, the actions agreed upon must be done in reasonable time. The act also states that termination can be determined by either party unless otherwise agreed.

The breach of contract in this case may be hard to prove.

References:
Frommer, W. S., Colletti, R. E., & Lieb, S. J. (2011). United States Why does e-business need IP. Retrieved from http://www.buildingipvalue.com/n_us/132_136.htm

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