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- In 1923, DuPont was granted the exclusive right to make and sell cellophane in North America. In 1927, the company introduced a moisture-proof brand of cello- phane that was ideal for various wrapping needs. Although more expensive than most competing wrapping, it offered a desired combination of transparency, strength, and cost. Except for its permeability to gases, however, cellophane had no qualities that a number of competing materials did not possess as well. Cellophane sales increased dramatically, and by 1950, DuPont produced almost 75 percent of the cellophane sold in the United States. Nevertheless, sales of the material constituted less than 20 percent of the sales of “flexible packaging materials.” The United States brought an action, contending that by so dominating cellophane production, DuPont had monopolized a part of trade or commerce in violation of the Sherman Act. DuPont argued that it had not monopolized because it did not have the power to control the price of…Regency transportation, Inc., operates a freight business throughout the eastern United States. Regency maintains its corporate headquarters and other facilities in Massachusetts. The vehicles in Regency's fleet were bought in other states. Massachusetts imposes various taxes on all taxpayers subject to its jurisdiction, including those that, like Regency, do business in interstate commerce. When Massachusetts imposed a tax on purchase price of each vehicle in Regency's fleet, the trucking firm challenged the assessment as discriminatory under the commerce clause. What is the chief consideration under the commerce clause when a state law affects interstate commerce? Is Massachusetts's tax valid? Explain.Pandelani is a farmer just outside East London and he is interested in buying another tractor but can only afford a second hand one. He comes across an advert placed in the Farmer’s Weekly magazine by Wouter, who resides in Gqeberha, to sell his second‐hand John Deere CX60. Pandelani emails Wouter to enquire about the availability of the tractor and Wouter replies that it is still available, after which Pandelani makes an offer. Wouter emails Pandelani his letter of acceptance on the 20th May 2019. Wouter’s email enters Pandelani’s Gmail account also on the 20th May 2019. On the 25th May 2019, Pandelani logs into his Gmail account while at a prestigious sheep auction in Bloemfontein and reads Wouter’s email of acceptance. Indicate when and where the contract between Pandelani and Wouter came into existence in this instance.
- Sportswear manufacturers, Caribbean Premium Sportwear (CPS), signed a contract with a top Trinidadian footballer in terms of which they would pay him a substantial amount of money to wear only their brand of clothing, which they promised to provide to him free of charge. The contract does not specify the date of delivery. Answer the following questions based on the above facts: A. Two months after entering into the contract CPS has not yet delivered the clothing. Have they breached the contract? Explain in full. B. In the event of CPS being in breach of contract, advise the footballer as to the legal remedies available to him, with specific emphasis on what he has to prove in order to succeed in his claim.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.Dylan negotiates with a buyer for a Seven Eleven store to sell a one-year supply of syrups for use in its Slurpee machine, with a big discount if the buyer will take and pay for the entire quantity in the first month, assuring the buyer that the syrups have an 18-month shelf life before they would become unusable. It turns out that they have a 6-month shelf life and then go bad. The buyer should prevail on a damages claim for misrepresentation. True OR False
- Discovery. Advance Technology Consultants, Inc.(ATC), contracted with RoadTrac, LLC, to provide software and client software systems for the products of globalpositioning satellite (GPS) technology being developed byRoadTrac. RoadTrac agreed to provide ATC with hardwarewith which ATC’s software would interface. Problems soonarose, however. ATC claimed that RoadTrac’s hardware wasdefective, making it difficult to develop the software. RoadTrac contended that its hardware was fully functional and thatATC had simply failed to provide supporting software.ATC told RoadTrac that it considered their contract terminated. RoadTrac filed a suit in a Georgia state court againstATC alleging breach of contract. During discovery, RoadTracrequested ATC’s customer lists and marketing procedures.ATC objected to providing this information because RoadTrac and ATC had become competitors in the GPS industry.Should a party to a lawsuit have to hand over its confidential business secrets as part of a…The Commerce Clause. Regency Transportation, Inc., operates a freight business throughout the eastern United States. Regency maintains its corporate headquarters, four warehouses, and a maintenance facility and terminal location for repairing and storing vehicles in Massachusetts. All of the vehicles in Regency’s fleet were bought in other states. Massachusetts imposes a use tax on all taxpayers subject to its jurisdiction, including those that do business in interstate commerce, as Regency does. When Massachusetts imposed the tax on the purchase price of each tractor and trailer in Regency’s fleet, the trucking firm challenged the assessment as discriminatory under the commerce clause. What is the chief consideration under the commerce clause when a state law affects interstate commerce? Is Massachusetts’s use tax valid? ExplainA computer manufacturer terminating an electronic store retailer's contract to sell the manufacturer's computers because the electronic store sold the manufacturer's computers at a price which the manufacturer deemed too low is: a per se violation of the Sherman Act. resale price maintenance subject to a rule of reason review. price fixing. none of the above.
- Determine the buyer’s and seller’s responsibility in a commercial transaction. Unvergleichbar Gesellschaft AG, based in Bremen, Germany buys raw diamonds from Diamants Stornoway based in Longueuil, QC, under the following terms: Terms of sale: DPU Flughafen Frankfurt am Main, Deutschland, Incoterms 2020: a)The buyer asks for a last minute change before approving the transaction. He no longer wants to clear the shipment at German customs, want the diamonds to be delivered at DHL warehouse in Bremen. How should Incoterms be modified so as to reflect those changes?Global Crossing The company was founded in 1997 to provide a trans-Atlantic cable to carry telephone and data traffic. Using high-bandwidth optical fiber, the company was able to sell capacity at less than half the price of existing competitors. After six months of operations, Global Crossing offered stock to the public, and the resulting price valued the firm at an astounding $19 billion. Six months later it was valued at $38 billion, more than the Ford Motor Company. The cable technology was not proprietary and data-carrying capacity was a commodity. That meant that customers could easily switch from one supplier to another, putting them in a powerful bargaining position. Furthermore, customers were price-sensitive. Even worse, the threat of entry was high, and other companies were entering the business, fueled by easy financing. High fixed costs but near-zero marginal costs (the cost to carry one more piece of data) led to fierce price competition within the industry. As new…(a) In performing a contract of sale of goods, there may be a situation where the seller fails to deliver the goods in the agreed quantity. Discuss the rights of the buyer upon such failure.(b) Mel complains about a shabby t-shirt that was delivered to him by an online trader upon his purchase, but the trader refuses to issue a refund on the ground that the t-shirt is a clearance item. Advise Mel