Grocery Paper
Running head: GROCERY INC. PAPER
Grocery Inc. Paper
Grocery, Inc., is a retail grocery store chain with stores located throughout the United States. The organization has contract with many vendors authorizing the store to sell the vendors products. There are many laws and guidelines that Grocery, Inc. must follow. We will review many different scenarios that the store may encounter and some the laws that they must abide by.
Common Law Contracts and UCC Article 2 Contracts There is a possibility that both common law and UCC Article 2 contracts would apply between Grocery and their vendors, however for domestic purposes the UCC Article 2 contract would supersede that of the common law contract. Grocery also has international vendors which make it a bit more interesting, each country might have their own version of the US UCC, for example the United Kingdom has CISG (Contract for the International Sale of Goods) and while there are the trade abbreviations that widely used both here and abroad they might have different meanings. If the matter is brought to court they will "apply the definitions used in their own jurisdiction", meaning that when contracts are created the language used must clearly express the wishes of both parties. (Cheeseman, page 398) Since the rules of Article 2 of the UCC can be applied in on aspect or another then it would be safe to say that Article 2 applies to the contracts with Grocery and its vendors.
Breach of Contract
It is my understanding that Grocery would win this case and that the courts would not see that Masterpiece had a right to discharge the contract due to commercial impracticability. "Courts are generally reluctant to grant relief under this provision because they (usually rightly) perceive that if someone invokes it, they are more often than not trying to get out of a contract that they would have been ill-advised to enter into in the first instance."
Grocery Inc. Paper
Grocery, Inc., is a retail grocery store chain with stores located throughout the United States. The organization has contract with many vendors authorizing the store to sell the vendors products. There are many laws and guidelines that Grocery, Inc. must follow. We will review many different scenarios that the store may encounter and some the laws that they must abide by.
Common Law Contracts and UCC Article 2 Contracts There is a possibility that both common law and UCC Article 2 contracts would apply between Grocery and their vendors, however for domestic purposes the UCC Article 2 contract would supersede that of the common law contract. Grocery also has international vendors which make it a bit more interesting, each country might have their own version of the US UCC, for example the United Kingdom has CISG (Contract for the International Sale of Goods) and while there are the trade abbreviations that widely used both here and abroad they might have different meanings. If the matter is brought to court they will "apply the definitions used in their own jurisdiction", meaning that when contracts are created the language used must clearly express the wishes of both parties. (Cheeseman, page 398) Since the rules of Article 2 of the UCC can be applied in on aspect or another then it would be safe to say that Article 2 applies to the contracts with Grocery and its vendors.
Breach of Contract
It is my understanding that Grocery would win this case and that the courts would not see that Masterpiece had a right to discharge the contract due to commercial impracticability. "Courts are generally reluctant to grant relief under this provision because they (usually rightly) perceive that if someone invokes it, they are more often than not trying to get out of a contract that they would have been ill-advised to enter into in the first instance."
References: Cheeseman, H.R. (2004). Business Law: Legal, E-Commerce, Ethical and International Environments. [University of Phoenix Custom edition e-text]. Prentice-Hall. Retrieved April 13, 2006 from University of Phoenix, Resource BUS415 – Business Law Website: https://ecampus.phoenix.edu/content/eBookLibrary/content/eReader.h Willamette University College of Law (2004-2005). Impracticability. Retrieved April 13, 2006, from http://www.willamette.edu/~blong/SalesLectures/Impracticability.html Legal Information Institute. U.C.C. – Article 2 – Sales. Retrieved April 13, 2006, from http://straylight.law.cornell.edu/ucc/2/article2.htm