Is the contract executed by and between B and S a contract of sale or a contract for a piece of work? Explain your answer.
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Buyer B entered into a contract with Seller S for the manufacture for B 1,000 pcs of
plastic dogs and 1000 pcs of plastic cats in accordance with the sample given by B. The
plastic dogs and cats will be used by B in his business. S delivered in several
installments and B paid the agreed price. Subsequently B returned the 500 pcs of
assorted cats and dogs for failing to comply with the approved sample. S failed to return
the price paid for the 500 pcs returned items. Is the contract executed by and between
B and S a contract of sale or a contract for a piece of work? Explain your answer.
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- Thomson Printing Company is a buyer and seller of used machinery. On April 10, the president of the company, James Thomson, went to the surplus machinery department of B.F. Goodrich Company in Akron, Ohio, to examine some used equipment that was for sale. Thomson discussed the sale, including a price of $9,000, with Ingram Meyers, a Goodrich employee and agent. Four days later, on April 14, Thomson sent a purchase order to confirm the oral contract for purchase of the machinery and a partial payment of $1,000 to Goodrich in Akron. The purchase order contained Thomson Printing’s name, address, and telephone number, as well as certain information about the purchase, but did not specifically mention Meyers or the surplus equipment department. Goodrich sent copies of the documents to a number of its divisions, but Meyers never learned of the confirmation until weeks later, by which time the equipment had been sold to another party. Thomson Printing brought suit against Goodrich for breach…Tractor Co. signed a contract to sell a tractor to Green Inc. for $55,000. Green paid for the tractor, and asked Tractor to delay delivery. Identify a situation that Tractor can recognize sales revenue before delivery of the tractor to Green? Tractor has five identical tractors in stock, and did not physically set aside a tractor for Green. Instead, it tells its warehouse manager that one tractor must remain in stock for delivery to Green upon demand. Tractor moved a tractor to another warehouse and labeled it “SOLD TO GREEN CO.” It informed the warehouse manager that he must be ready to ship the tractor to Green, and prohibited him from selling the tractor to another customer or from moving the tractor out of the warehouse. Tractor moved a tractor to another warehouse and labeled it “SOLD TO GREEN CO.” It informed its warehouse manager that, he may sell the tractor only if the manager can replace Green’s tractor within 24 hours. Situation 2 Situation 1…Plaintiff, a seller of milk, had for ten years bid on contracts to supply milk to defendant school district and had supplied milk to other school districts in the area. On June 15, plaintiff contracted to supply defendant’s requirements of milk for the next school year at a price of $0.0759 per half pint. The price of raw milk delivered from the farm had been for years controlled by the U.S. Department of Agriculture. On June 15, the department’s administrator for the New York-New Jersey area had mandated a price for raw milk of $8.03 per hundredweight. By December, the mandated price had been raised to $9.31 per hundredweight, an increase of nearly 20 percent. If required to complete deliveries at the contract price, plaintiff would lose $7,350.55 on its contract with defendant and would face similar losses on contracts with two other school districts. Is the plaintiff correct in its assertion (a) that its performance had become impracticable through unforeseen events and (b) that it…
- Blackburn Inc. uses Otavalo Manufacturing and Piura Company to buy two precision machined parts used in the manufacture of its permanent-magnet motors: Part #625 and Part #827. Consider two activities: testing parts and reordering parts. After the two parts are inserted, testing is done to ensure that the two parts work as intended. Reordering occurs because one or both of the parts have failed the test and it is necessary to replenish part inventories. Activity cost information and other data needed for supplier costing are as follows: I. Activity Costs Caused by Suppliers (testing failures and reordering as a result) Activity Costs Testing parts $4,500,000 Reordering parts 1,125,000 II. Supplier Data Otavalo Manufacturing Piura Company Part #625 Part #827 Part #625 Part #827 Unit purchase price $30 $78 $36 $84 Units purchased 450,000 225,000 56,250 56,250 Failed tests 4,500…Woodridge USA Properties, L.P., bought eighty-seven commercial truck trailers from Southeast Trailer Mart, Inc. (STM). Gerald McCarty, an independent sales agent who arranged the deal, showed Woodridge the documents of title. The documents did not indicate that Woodridge was the buyer. Woodridge then asked McCarty to sell the trailers, and within three months, they were sold. McCarty did not give the proceeds to Woodridge, however. Woodridge—without mentioning the title documents—asked STM to refund the contract price. STM refused. Does Woodridge have a right to recover damages from STM? Explain.Company W manufactures equipment that is used to make widgets. The widget-making process involves two pieces of equipment, both of which Company W manufactures. In an arrangement with a new customer, Company W sells both pieces of equipment, along with 10 days of training for the customer's employees, for a total fee of $400,000. Title to each machine transfers upon shipment. Company W does not grant general or specific refund rights to its customers. Company W also sells each piece of equipment separately. In addition, competitors manufacture machines that perform the same functions as Machine 1 and 2, and machines from different manufacturers are interchangeable. Company W sells Machine 1 separately for $200,000, and Machine 2 separately for $250,000. No amount of the arrangement consideration is contingent upon performance of undelivered components. Company W sells training services separately to customers who already have equipment installed and want additional training for new…
- The PUPPY SAFETY Corp. is dedicated to the wholesale of microfiche systems to detect the location of lost pets. The company has a production capacity of 10,000 system units and currently only produces 8,000. The company is operating above its tie point. The sale price per system is $500.00 and the related costs are presented later. Required: Indicate whether this business should accept or reject a special order of 500 microchips at a price of $300. The client is the Humane Society and it is an order that will not be repeated in the future as this comes from non-recurring funds. When we learned that the Humane Society was seeking bids, we took it upon ourselves to send our sales specialists who brought a proposal prepared following the usual sales and marketing practices. Despite being a special order, if accepted, it will follow the typical pattern of routine orders in terms of transaction costs. This order has no effect on the routine business of PUPPY SAFETY. Manufacturing costs…On October 1, 2022, the Integrity Main Office established a sales agency in Ortigas.· The main office sent samples of its merchandise amounting to P8,400 and working fund amounting to P72,000 to be maintained on the imprest basis. The samples sent were intended to last until June 1, 2023.· During the first two months of operations, the agency transmitted to the home office sale of goods costing P291,600, but the home office was not able to fill-up 25% of the said transmitted sales order.· Collections from customers amounted to P73,941, net of 2% sales discount.· Payments made by the agency during October and November were as follows: annual rent of P57,600, advertising expense worth P5,600 and utilities amounting to P7,200.· It purchased an equipment worth P9,000 which will be depreciated at 20% per annum.· The gross profit on sales agency order is 20% of sales Net income of the agency for the two months ended November 30, 2022 is: a. P26,866 b.…On December 1, 2020, Shamrock Inc. delivered 10 boxes of Otap bread and 10 packs of sample bread, for tasting-purposes, to 24/7 retail store on a consignment arrangement. The retail store does not take title to the products and has no obligation to pay Shamrock Inc. until they are sold to the final costumers. Any unsold products, excluding those that are lost or damages, can be returned to Shamrock Inc. and the latter has discretion to call products back or transfer products to another customer. Shamrock manufacturers the product at a cost of ₱5,000 per box of Otap bread and ₱100 per pack of sample bread. There is freight collect of ₱2,000 for the delivery of 10 boxes of Otap bred to 24/7 but not for the sample bread. The selling price of the Otap product is ₱8,000 per box for cash sales and ₱10,000 per box for credit sales with term of 2/10 n/30. The retail store is entitled to a 5% commission on cash sales and 10% commission on net credit sales already collected. The retail store has…
- The trial balance of Magic Shop Company showed inventories of P164,000. The inventories include some goods that have a production cost of P18,000. These goods have a manufacturing defect that will cost P6,000 to correct. The normal selling price for these goods would be P25,000, but after the remedial work they will be sold through an agent as refurbished goods at a discount of 20% on the normal selling price. The agent will receive a commission of 10% of the reduced selling price. In relation to the defective goods, the company will recognize a loss on inventory write down of? A. P4,000 B. P0 C. P1,000 D. P6,000Maipao Corporation sells computer software to Mr. Bong. Mr. Bong shall pay P750,000 upfront fee in exchange for the following performance obligations: (1) equipment (2) initial training and (3) five years right over the computer software. The stand-alone selling price of the equipment is P380,000. The stand-alone selling price of the initial training is P280,000. The entity estimates the stand-alone selling price of the five year right over the computer software using the residual approach. On February 1, 20x1, Maipao receive the P150,000 cash and the balance payable in three annual payments beginning January 30, 20x2. Mr. Bong signs a 10% interest bearing for the balance. On August 1, Maipao has already transferred the equipment and conducted the initial training and the software license will commence on the same date. The entity determines that the performance obligations in the contract are distinct. Case 3: Assume Mr. Bong has the right access the intellectual property, the…Maipao Corporation sells computer software to Mr. Bong. Mr. Bong shall pay P750,000 upfront fee in exchange for the following performance obligations: (1) equipment (2) initial training and (3) five years right over the computer software. The stand-alone selling price of the equipment is P380,000. The stand-alone selling price of the initial training is P280,000. The entity estimates the stand-alone selling price of the five year right over the computer software using the residual approach. On February 1, 20x1, Maipao receive the P150,000 cash and the balance payable in three annual payments beginning January 30, 20x2. Mr. Bong signs a 10% interest bearing for the balance. On August 1, Maipao has already transferred the equipment and conducted the initial training and the software license will commence on the same date. The entity determines that the performance obligations in the contract are distinct. The following shall be accounted as part of the consigned inventory of the…
