What type of install is the cable going into? Is everything in a fixed position? If you have an install where items are moved around without being disconnected, using highly flexible cable is necessary. Cables in these scenarios need to be flexible to meet those demands of mobility, and also for the life of the wire so that it does not crack, break, fray or short. We had a job at a university where we moved flat panels on a track system to create different screen sizes, and for that we had to make sure the cable would meet the demand.…
The revised article 2 of the UCC states that any contracts concerning a monetary amount of $5000 or more, must be in written form. There are three exceptions to the previously stated rule; if the goods were specially ordered to a specific preference, Admissions in pleadings or court, and Part acceptance (Cheeseman, 2013).…
A private network schema is a viable choice for internal IP addressing. Each office can have its own range to avoid conflicts with other locations if subnetted correctly. Assuming that all nodes and servers have only one interface, you should only need one public address per outward interface. In the diagram provided, you would only need one public IP address for the router connection to the Internet. Everything else can be addressed privately with the correct subnetting.…
In conclusion, sales contracts are similar to common law contracts, but may also have distinct differences in terms of offer, acceptance, and consideration. The UCC was established to ease commerce amongst the states and has been adopted by all, at least in-part. The code protects buyers and sellers in Article 2, Sales, and provides laws to be followed in the absence of specific terms set forth in a sales contract. Merchants and non-merchants conducting sales transactions, and having knowledge of the UCC, place themselves at less risk, and in a better position to avoid…
Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.…
1.Eagle Stores, Inc. borrows $5,000 each from EZ Loan Corporation, First National Bank, and Great Products Corporation. Eagle uses its "present inventory and any thereafter acquired" to secure the loans from EZ Loan and First National. EZ Loan perfects its interest on April 1, followed by First National on April 5. Eagle buys new inventory on April 10 from Great Products and signs a security agreement, giving Great Products a purchase-money security interest (PMSI) in the new inventory. On the same day, Great Products perfects its interest and notifies EZ Loan and First National. Eagle takes possession of the new inventory on April 15. On April 20, Eagle defaults on all of the loans.…
I have been asked by my lecturer, Jo Chapman, to produce a report on the differences types of business ownerships of two contrasting organisations. For the purposes of this report, I will look at the different types of ownerships of Tesco and NSPCC. I will also investigate the purpose, sector and liability of both organisations.…
1. Article 2 of the UCC mandates that the parties to a sales contract state in specific and unambiguous language the exact terms of the contract. Otherwise, courts will declare the contract unenforceable.…
Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also required for there to be an enforceable contract.…
Any contract for the sale of goods that exceeds $500 falls under the statute of frauds and must be in writing to constitute an enforceable contract. The contract between Tidwell and Anthony amounts to $50,000 and must be in writing to be enforceable, which presents the first issue in this problem. There are, however, alternative means of satisfying the Statute of Frauds. In this case, Tidwell provided Anthony with a good faith payment of $10,000 when the oral contract was entered into on June 1. This earnest payment falls under the partial payment rule. The UCC permits partial payment to satisfy the Statute of Frauds, but only for the quantity of goods that have been paid for. In this case, Tidwell should be entitled to the quantity that he should have received for the $10,000 when the oral contract was entered into on June 1, which would amount to 20 heads of cattle. The second issue in this problem arises from the price change that occurred on June 3; the price has reduced from $500/head of cattle to $400/head of cattle. In this case, Tidwell has the opportunity to realize a savings from Anthony’s repudiation and can purchase the cattle from a different seller for a lower price. Thus, Anthony would not owe Tidwell any additional damages other than putting him back in the position he was before the contract was entered into, which would require him to either return the $10,000 or provide him with 20 heads of…
One the first steps in implementing an effective security plan is to periodically assess Organizational risks. Identifying and mitigating risk will help in establishing a security management structure and assigning security responsibilities. Without having an understanding of your risk you are unable to determine the proper security policies, procedures, guidelines, and standards to put in place to ensure adequate security controls are implemented. The risk assessment provides a baseline for implementing security plans to protect assets against threats. Within the risk assessment some basic questions must be answered, What assets within the organization need protection, What are the risks to each of these assets, How much time, effort, and money is the organization willing to spend to upgrade or obtain new adequate protection against these threats?…
Wally owns Windy City Watches in Chicago, Illinois. He needs to buy knockoff Rolexes from a wholesaler, Randy, in Milwaukee, Wisconsin. Wally and Randy discuss terms via telephone and agree Wally will purchase 100 watches for $25.00 a piece for a total of $2,500. Randy agrees to send an order form for the purchase and ship when the signed form is returned from Wally. Wally signed and returned the order form agreeing to purchase the goods. A week later Wally receives 50 watches accompanied by a note explain the remaining 50 watches will arrive in a few days. Also enclosed was the bill for entire order totaling $2,500. By this time, Wally has decided he does not want to purchase the fake Rolexes. He contacts Randy explain the situation wanting to return the watches and reimburse Randy for shipping costs. Randy in turn sues to enforce the original contract.…
Homer’s cost to complete construction was $110,000. In addition, he will also have a $20,000 cost to replace the fireplaces. A party is required to mitigate damages, but the law…
No. John Hunt went to the McIlory Bank and Trust to see if he could get a long term loan for the S.B.H Farms. He talked to a loan officer about getting a long-term loan for building hog houses, buying livestock, and for expanding the farm operations. The McIlory Bank and Trust agreed to loan him $175,000.00 on short term promissory notes which all the owners of S.B.H. Farms had to sign. While all the owners of S.B.H. Farms were at the bank, they had an oral discussion about the long-term loans for the farm. With no set amount, no interest rates, or how much to pay when the long-term loan is due. When the promissory notes were due the S.B.H. Farms did not make their payment as they said, and the loans went into default. The McIlory Bank and Trust put in a claim to take the collateral away because of default on the loans. S.B.H. Farms did a countersuit against the McIlory Bank and Trust saying that they breached the oral contract and for $750,000.00 in damages. I personally think that the S.B.H. Farms did not think they would default on the loan when they took the loan out. They thought they had a long-term loan to be able to better their farm and make more money. They did as much as they could get the farm expanded, but it was not enough to help them with the loans. I think that the McIlory Bank and Trust and S.B.H. Farms should have had more talk about the long-term loan, and had set an amount with the interest rate and when the loan would be due. S.B.H. Farms would not have lost all the collateral that they had put up for the loan. Now they probably could not get a loan like that again until they got their credit score back up again.…
of the sale contract because payment is made in return for shipping documents rather than the goods…