blaw 2
1.Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding?
Yes the contract modification is binding because both parties agreed to the modification before the widgets were delivered. When Adams requested the new shipping method and International agreed to the new terms.
2. In problem 1, what effect, if any, would the following letter have? International Widget:
In accordance with our agreement of this date you will deliver the one thousand previously ordered widgets within thirty days. Thank you for your cooperation in this matter.
(signed) Adams
The letter wouldn’t have any affect at all because the contract has already been modified by both parties and had been accepted. It would just be useful if for some reason one of the parties didn’t fulfill their part of the new contract.
3. Browne & Assoc., a San Francisco company, orders from U.S. Electronics, a New York company, ten thousand electronic units. Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco. U.S. Electronics executes and delivers to Browne & Assoc. its acknowledgment form, which accepts the order and contains the following provision: ‘‘All disputes will be resolved by the State courts of New York.’’ A dispute arises concerning the workmanship of the parts, and Browne & Assoc. wishes the case to be arbitrated in San Fran- cisco. What result
The case would be arbitrated in San Fransico because the New York company agreed to their term of “Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco” and they didn’t agree to modify the contract to change that.
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2. Smith, having contracted to sell to Beyer
Yes the contract modification is binding because both parties agreed to the modification before the widgets were delivered. When Adams requested the new shipping method and International agreed to the new terms.
2. In problem 1, what effect, if any, would the following letter have? International Widget:
In accordance with our agreement of this date you will deliver the one thousand previously ordered widgets within thirty days. Thank you for your cooperation in this matter.
(signed) Adams
The letter wouldn’t have any affect at all because the contract has already been modified by both parties and had been accepted. It would just be useful if for some reason one of the parties didn’t fulfill their part of the new contract.
3. Browne & Assoc., a San Francisco company, orders from U.S. Electronics, a New York company, ten thousand electronic units. Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco. U.S. Electronics executes and delivers to Browne & Assoc. its acknowledgment form, which accepts the order and contains the following provision: ‘‘All disputes will be resolved by the State courts of New York.’’ A dispute arises concerning the workmanship of the parts, and Browne & Assoc. wishes the case to be arbitrated in San Fran- cisco. What result
The case would be arbitrated in San Fransico because the New York company agreed to their term of “Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco” and they didn’t agree to modify the contract to change that.
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2. Smith, having contracted to sell to Beyer