The issues are what jurisdiction shall be used to govern the deal between the parties, issues with the formation of the agreement, warranties, warranty damages, consequential damages, search costs, lost profits, recession. The first issue is determining which jurisdiction should govern the agreement between the parties – Article 2 of the Uniform Commercial Code, the Common law, or the CISG? When the subject matter of a transaction is for the sale of goods, Article 2 of the UCC is used to analyze the deal between the parties. Article 2 of the UCC governs the formation, performance, and damages. When the subject matter of the transaction is not for the sale of goods or is to provide a service, the common law is used to analyze the deal between the parties. The Common law governs formation, performance, and damages. When the transaction is for non-consumer goods and between parties from different nations, the Contracts for the International Sale of Goods is used to govern the transaction. The CISG governs formation, performance, and damages. In this case, the party’s agreement would be considered a hybrid contact as the agreement includes a goods component, as well as a service component. Since the agreement between the parties is a hybrid contract we can use the Predominate Purpose Test or the Gravamen Test to determine whether the UCC or the Common law should govern. Using the Predominate Purpose Test we can look at what the predominate purpose of the contract was for- the
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CASE 1: John purchased a computer from Gateway, Inc. He noted upon starting it up that he had to agree to a number of provisions in the contract of purchase in order to continue his initial installation. The program indicated that if he did not wish to agree to the terms, he could return the computer to Gateway at Gateway's expense. One of the provisions requires that any disputes arising under the contract agreement be submitted to binding arbitration for a resolution.
After reading The Four Agreements by Don Miguel Ruiz I realized I’ve been living dreams of other people in my life and not my own. It was decided early on what I should do, what’s possible and what’s not. Starting at birth we are told what to think by our parents, schools, and church. Subconsciously, we have made agreements with them to live our life according to their rules. Don Miguel believes that these agreements are self-limiting and shares four agreements that if we adapt into our lives we will reach true peace and happiness. The book made so much sense to me, but the hard part is to actually commit to living out the four agreements. In short, the four agreements are listed below:
The matters covered in a contract are the parties involved, any important dates (such as start and end dates), the definitions of terms used in the contract, the goods or services being provided, any payment amounts and dates for payment to be sent or received, potential interest on late payments, delivery or performance dates for services offered, insurance and guarantee promises, termination dates, renewal terms, damages for breach of contract and any extra special considerations.
This discussion board post will respond to various questions regarding the Contracts Analysis Case Study involving Marshall Petersen and his local health food business from a
A court will likely hold the contract in dispute, one which involves a mixture of both goods and services, as predominately
Even the contracts are expressly agreed to by the parties, those terms need to be inter-preted and the court must ascertain the terms and meaning of the parties to the con-tract. According to the UCC, the court would look to the relevant course of perfor-mance, course of dealing and usage of trade to determine the meaning of the words of agreement.
In reviewing material for the 4th module, I learned a great deal about the parts of a contract, contract negotiation, and contract termination. The prompt asks my personal view of obtaining professional counsel during negotiation, gives examples of compensation packages, and asks for an opinion on preferences. There are a number of factors to consider while negotiating a well-informed contract.
This paper will include material about state and federal court systems. Terms such as subject matter jurisdiction and personal jurisdiction will be described in detail. There are requirements of personal jurisdiction in a federal court and three different types of personal jurisdiction. The two types of cases that federal courts may hear are criminal cases and civil cases which will also be discussed.
I found the the book of The Four Agreements by Ruiz’s to be a good read and could relate to his explanation of having an open mind and ensuring our minds are open and fertile to growing the good seeds we choose to grow and nurture. Most meaningful for me was probably having an understanding of our own “domestication” and the beliefs which were instilled in us brings us to realize this is simply our opinions from our instilled views and our programed “book of laws”. This awareness, helps to better understand the fear and courage it takes to challenge our own core beliefs, but also helps in our ability to do just that, challenge our beliefs. As far as the four agreements themselves, I found them to be a good reinforcement of good core habits
What are the requirement(s) found in the U.S. constitution governing the President’s ability to enter into treaties with other countries, i.e. international legal agreements?
The legal aspect of every contract in business requires critical analysis for every term in accordance to the specifics upon which both parties are involved. The reason for analyzing such terms carefully is because it can become a crucial part in determining the decision making when addressing any business problem. This is generally more important from the perspective of the company management because some situations can result in high intensity and significance for the company. Analyzing the terms of a contract will help avoid any inappropriate or insufficient conclusions when presenting a final resolution in times of a dispute.