preview

Frigaliment Importing Co. v. B.N.S. International Sales Corp. in a Chicken Case

Decent Essays
Frigaliment Importing Co. v. B.N.S. International Sales Corp. Facts: Frigaliment Importing Company sued B.N.S. claiming that B.N.S. had breached warranties in two contracts that they had entered. In the first of the two contracts Frigalimnet had agreed to sell 75,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. The second contract consisted of 50,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. ( smaller chickens where priced slightly higher in this contract vice the first agreement) Both contracts were signed by the parties on May 2nd, 1957. BNS shortly after made 2 shipments to meet the requirements of the first contract , of these two shipments the first was not…show more content…
Furthermore the assumption of Frigaliment claiming that the weight difference of the chickens was sufficient enough to determine a young chicken from an older chicken, that would not fit into the lesser weight category did not establish a clear definition. This was clearly an assumption that was not defined in the contract between the parties. B.N.S. acted accordingly by delivering per the contract, chickens. II. Discuss the difference between Procedural Due Process and Substantive Due Process Due Process is the legal requirement that before the government can deprive a person of their fundamental rights (life, liberty, property) they must be afforded some sort of hearing, and that the government must (1) inform the individual, usually in a form of a written notice or other approved means. (2) The individual must be given an opportunity to present their side of the story to a decision making authority. (3) Finally the right to appeal with the outcome if the individual is not fully satisfied. Individuals are protected against the power of the law and land by Due Process. Substantive Due Process is aimed at protecting individuals against majoritarian policy enactments, such as laws that are too broad or too vague and infringe on our fundamental rights. Courts may find that a majority's ruling is not a law and should not be enforced regardless of how fair the process of
    Get Access