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- 6. In the event of a breach of contract for the sale of goods, the Sale of Goods Act 1957 provides remedies for both the buyer and the unpaid seller. Discuss the remedies available to an unpaid seller under the Act.Forest Running Shoes, a sneaker store, orders three hundred pair of running shoes from Mercury Shoes, Inc. Mercury Shoes has all their sneakers in a warehouse which contains 20,000 pairs of sneakers. Before Mercury can separate the 300 pairs for Forest, a fire destroys all the shoes in the warehouse. Absent a contrary agreement between the parties, a. Forest has no rights in the 300 pairs of shoes because, since the parties didn't place any terms regarding this risk in their written contract, the contract is unenforceable. b. Forest has rights in the 300 pairs of shoes because identification took place at the time of the contract. c. Forest has no right in the 300 pairs of shoes because identification has not yet taken place. d. Forest has no rights in the 300 pairs of shoes because a buyer can never have rights to goods until it is delivered to them.Jane is fifteen years old. She visited a Grocery (Rip-off) and requested food items, which cost about $100. Jane’s parents are out of town and she is very short on food supplies and as such Rip-off gave to her the much needed groceries. However, when her parents returned home a few days later, they refused to pay for the groceries. They quickly pointed out that Jane is a minor and she does not have any contractual capacity.
- Deborah McCullough bought a new car from Bill Swad Chrysler, Inc. The car was protected by both a limited warranty and an extended warranty. McCullough immediately encountered problems with the automobile’s brakes, transmission, and air conditioning and discovered a number of cosmetic defects as well. She returned the car to Swad for repairs, but Swad did not fix the brakes properly or perform any of the cosmetic work. Moreover, new problems appeared with respect to the car’s steering mechanism. McCullough returned the car twice more for repairs, but on each occasion, old problems persisted and new ones emerged. After the engine abruptly shut off on a short trip away from home and the brakes again failed on a more extensive excursion, McCullough presented Swad with a list of thirty-two of the car’s defects and demanded their correction. When Swad failed to remedy more than a few of the problems, McCullough wrote a letter to Swad calling for rescission of the purchase agreement and a…Vuitton, a French corporation, manufactures high-quality handbags, luggage, and accessories. Crown Handbags,. a New York corporation, manufactures and distributes ladies’ handbags. Vuitton handbags are sold exclusively in expensive department stores, and distribution is strictly controlled to maintain a certain retail selling price. The Vuitton bags bear a registered trademark and a distinctive design. Crown’s handbags appear identical to the Vuitton bags but are of inferior quality. May Vuitton recover from Crown for manufacturing counterfeit handbags and selling them at a discount? Explain.Accra Brewery Company Limited agreed to supply 300 cartons of Star Beer for the 2022 Christmas Season to Alisa Hotels. It was agreed that delivery was to be made on or before 15th December 2022. As at 24th December 2022, Accra Brewery Company Limited had not delivered the beer. Alisa Hotels therefore repudiated the contract, arguing that the ‘X’ mass season was almost over. On 3rd January 2023, Accra Brewery Company Limited intended to deliver and Alisa Hotels repudiated. Advise the parties with the application of laws. State the Area of Law, Issues, Application of Laws and analysis.
- Accra Brewery Company Limited agreed to supply 300 cartons of Star Beer for the 2022 Christmas Season to Alisa Hotels. It was agreed that delivery was to be made on or before 15th December 2022. As at 24th December 2022, Accra Brewery Company Limited had not delivered the beer. Alisa Hotels therefore repudiated the contract, arguing that the ‘X’ mass season was almost over. On 3rd January 2023, Accra Brewery Company Limited intended to deliver and Alisa Hotels repudiated. Advise the parties. Should be a full answer without any steps.Accra Brewery Company Limited agreed to supply 300 cartons of Star Beer for the 2022 Christmas Season to Alisa Hotels. It was agreed that delivery was to be made on or before 15th December 2022. As at 24th December 2022, Accra Brewery Company Limited had not delivered the beer. Alisa Hotels therefore repudiated the contract, arguing that the ‘X’ mass season was almost over. On 3rd January 2023, Accra Brewery Company Limited intended to deliver and Alisa Hotels repudiated. Advise the parties.At least six months before the Summer Olympic Games in Atlanta, Georgia, a group made up of Stafford Fontenot, Steve Turner, Mike Montelaro, Joe Sokol, and Doug Brinsmade agreed to sell Cajun food at the games and began making preparations. On May 19, the group (calling themselves Prairie Cajun Seafood Catering of Louisiana) applied for a business license with the county health department. Ted Norris sold members of the group a mobile kitchen in return for an $8,000 check drawn on the “Prairie Cajun Sea-food Catering of Louisiana” account and two promissory notes, one for $12,000 and the other for $20,000. The notes, which were dated June 12, listed only Fontenot “d/b/a Prairie Cajun Seafood” as the maker (d/b/a is an abbreviation for “doing business as”). On July 31, Fontenot and his friends signed a partnership agreement, which listed specific percentages of profits and losses. They drove the mobile kitchen to Atlanta, but business was disastrous. When the notes were not paid, Norris…
- At least six months before the Summer Olympic Games in Atlanta, Georgia, a group made up of Stafford Fontenot, Steve Turner, Mike Montelaro, Joe Sokol, and Doug Brinsmade agreed to sell Cajun food at the games and began making preparations. On May 19, the group (calling themselves Prairie Cajun Seafood Catering of Louisiana) applied for a business license with the county health department. Ted Norris sold members of the group a mobile kitchen in return for an $8,000 check drawn on the “Prairie Cajun Sea-food Catering of Louisiana” account and two promissory notes, one for $12,000 and the other for $20,000. The notes, which were dated June 12, listed only Fontenot “d/b/a Prairie Cajun Seafood” as the maker (d/b/a is an abbreviation for “doing business as”). On July 31, Fontenot and his friends signed a partnership agreement, which listed specific percentages of profits and losses. They drove the mobile kitchen to Atlanta, but business was disastrous. When the notes were not paid, Norris…Ma3. Explain in brief. Sally Henderson is an employee of Good Eats Restaurant. Sally's contract with Good Eats Restaurant states: "Sally Henderson shall ensure the bathrooms and dining room area are reasonably clean during operating hours." Sally's good friend James is also employed by Good Eats Restaurant as a parking attendant, a person who parks customers’ cars. On a very busy night at Good Eats Restaurant, without the authorization of Good Eats Restaurant, Sally decided to help her friend James park cars. Sally injures a customer due to Sally's negligent driving while parking cars. The injured customer sues Sally and Good Eats Restaurant. Is it likely that Good Eats Restaurant will be determined to be liable to the injured customer. BRIEFLY EXPLAIN.Discuss six main remedies for breach of contract and provide an example for each.