Case summary: Company NEPG contracted with company SS to supply stylets and nozzles to company KY. However, the contract did not make any reference to KY or required its acknowledgement. NEPG further contracted with company SS for acquiring parts from company IS. The terms of the contract stated that before shipment, company IS will obtain company NEPG’s acceptance on conforming goods. NEPG will certify the shipment according to KY’s specification. And on delivery, KY will inspect the goods. After nearly six transactions, NEPG refused to make payments as the material supplied by SS was rejected by KY.
To find: The impact of the UCC acceptance rules on the action of the parties.
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Chapter 14 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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- El Dorado Tire Company fired Bill Ballard, a sales executive. Ballard had a five-year contract with El Dorado but was fired after only two years of employment. Ballard sued El Dorado for breach of contract. El Dorado claimed that any damages due to breach of the contract should be mitigated because of Ballard’s failure to seek other employment after he was fired. El Dorado did not provide any proof showing the availability of comparable employment. Explain whether El Dorado is correct in its contention.arrow_forwardVuitton, 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.arrow_forward6 - A contract must always contain explicit written terms in order for it to be legally upheld. TrueFalsearrow_forward
- Karen, a senior manager in Consult-Biz Inc., encourages Charles, her junior manager, to bill Consult-Biz's clients for his commute time, and identify it as "meet and confer with senior manager." Karen explains that she will then adjust her own billing sheet to match this entry.Karen tells Charles that all other Consult-Biz junior and senior managers engage in this practice, and that clients have never questioned such entries. Charles is not sure whether this would be an ethical action. What should Charles do?arrow_forwardGary contracts with Dan to buy Dan a new car manufactured by General Motors Corporation (GMC). GMC is a. an intended beneficiary b. an incidental beneficiary c. not a third party beneficiary d. both a and barrow_forward
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