Contemporary business law Essay Example
Scenario 6 - Grocery Inc. - Jason (1 Question) Who bears the risk? Explain your answer.
In the case of scenario 6, since Jason is the shipper of the truckload of peaches that were shipped to Grocery, Inc., Jason would bear the risk of the peaches being spoiled when they arrived to Grocery, Inc. The terms of the contract were F.O.B., which is means “free on board”, and according to the text, this term means the teller must at the place ship the goods in the manner provided in Article (Section 2-504)and bear the expense and risk of putting them into the possession of the carrier and there tender delivery of them in the manner provided in the Article (section 2-503). Also apart of this Article (Section 2-323), under either of the first two articles, the term is also F.O.B. Vessel, car or other vehicle, the seller must in additions at his own expense and risk load the goods on board. If the term F.O.B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this Articles on the form of bill of landing. (Melvin, S. P. (2011). The Legal Environment of Business: A Managerial Approach: Contract Performance-Conditions, Breach, and Remedies (Chpt 6 pg. 690). New York, NY: McGraw-Hill/Irwin.) This basically means that he is responsible for any products that are damaged during the shipping process and the buyer is not responsible for the product being spoiled when they arrived.
Scenario 7 - Supplier Inc. - Bill (2 Questions) Is there a contract? If so, what are the terms? Explain your answer. Also discuss the use of supplier Inc's oral testimony at trial.
In the case of Supplier, Inc. (Bill), there was a contract in place and Supplier, Inc. sued Grocery Inc. for breach of contract because they failed to place an order for goods by a specific date as specified in their contract. One of the problems there is though is that there were no specifics in the contract and Grocery Inc. contended that the contract was a
In the case of scenario 6, since Jason is the shipper of the truckload of peaches that were shipped to Grocery, Inc., Jason would bear the risk of the peaches being spoiled when they arrived to Grocery, Inc. The terms of the contract were F.O.B., which is means “free on board”, and according to the text, this term means the teller must at the place ship the goods in the manner provided in Article (Section 2-504)and bear the expense and risk of putting them into the possession of the carrier and there tender delivery of them in the manner provided in the Article (section 2-503). Also apart of this Article (Section 2-323), under either of the first two articles, the term is also F.O.B. Vessel, car or other vehicle, the seller must in additions at his own expense and risk load the goods on board. If the term F.O.B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this Articles on the form of bill of landing. (Melvin, S. P. (2011). The Legal Environment of Business: A Managerial Approach: Contract Performance-Conditions, Breach, and Remedies (Chpt 6 pg. 690). New York, NY: McGraw-Hill/Irwin.) This basically means that he is responsible for any products that are damaged during the shipping process and the buyer is not responsible for the product being spoiled when they arrived.
Scenario 7 - Supplier Inc. - Bill (2 Questions) Is there a contract? If so, what are the terms? Explain your answer. Also discuss the use of supplier Inc's oral testimony at trial.
In the case of Supplier, Inc. (Bill), there was a contract in place and Supplier, Inc. sued Grocery Inc. for breach of contract because they failed to place an order for goods by a specific date as specified in their contract. One of the problems there is though is that there were no specifics in the contract and Grocery Inc. contended that the contract was a