Breach of contract scenario
Not what you're looking for?
Select ONE of the scenarios below and explain the best solution. Include comments related to ethical issues that may arise.
Scenario 1
Standard preprinted forms are frequently used by merchants to negotiate sales contracts. These standard forms usually contain terms that favor the drafter. An offerer (seller) who sends a standard form contract as an offer to the offeree (buyer) may receive an acceptance drafted on the offeree's own standardized contract. This scenario is commonly called the battle of the forms, and it raises important questions.
Adams offers to sell Baker 2000 leaf blowers at $50 each with a one-year period for action on breach of warranty. Baker copies Adams's offer to his own form that contains a four-year period for action on breach of warranty preprinted on the back of the form, and sends the acceptance to Adams. Is there a contract? Why or why not? If so, what are its terms? Please be sure to cite to the Uniform Commercial Code (UCC), which provides guidance in answering these questions.
Scenario 2
Ada Fisher purchased a wheelchair from Access Industries, Inc. The wheelchair was customized for Ada and her home. When the wheelchair arrived, it was too wide to fit through the doorway of her home. Fisher refused the chair and refused to pay Access. Did either party breach the contract? What options are available to Fisher? Use citations to support your response
Purchase this Solution
Solution Summary
Discusses options available for breach of contract.
Solution Preview
Access breached the contract because the goods delivered by the company did not conform to the terms of the contract. Fisher has several options. Fisher can ask for specific performance, ...
Education
- BComm, University of Delhi
- Post Graduate Diploma in Management (Equivalent to MBA), All India Management Association
Recent Feedback
- "Thanks"
- "Thanks"
- "Very good! "
- "thanks"
- "Thank you!"
Purchase this Solution
Free BrainMass Quizzes
Six Sigma for Process Improvement
A high level understanding of Six Sigma and what it is all about. This just gives you a glimpse of Six Sigma which entails more in-depth knowledge of processes and techniques.
Employee Orientation
Test your knowledge of employee orientation with this fun and informative quiz. This quiz is meant for beginner and advanced students as well as professionals already working in the HR field.
Income Streams
In our ever changing world, developing secondary income streams is becoming more important. This quiz provides a brief overview of income sources.
Understanding the Accounting Equation
These 10 questions help a new student of accounting to understand the basic premise of accounting and how it is applied to the business world.
Change and Resistance within Organizations
This quiz intended to help students understand change and resistance in organizations