Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 9, Problem 11CP
Summary Introduction
To discuss: The decision of the trail court.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solution
Students have asked these similar questions
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.
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…
Chapter 9 Solutions
Smith and Roberson’s Business Law
Knowledge Booster
Similar questions
- Which one of the following is a term that is implied by statute? Select one: a. A term required to make the contract between the parties effective b. A term that goods must be of merchantable quality c. Good faith d. A term implied on the basis of past dealings between the partiesarrow_forwardTogether We Stand is an organisation that owns land in Soweto. They accidentally accept an offer submitted by Bongani to purchase Erf 231 in Soweto when in fact, they had instead intended to accept the tender which was submitted by Vusi to purchase the erf directly next door, Erf 233. Bongani is unaware of the mistake made by Together We Stand.Together We Will stand cannot be held liable in terms of the contract with Bongani as the mistake was a material one. Write a legal opinion in which you critically analyse the correctness of the above underlined statement.arrow_forwardUnder the Uniform Commercial Code (UCC), which of the following remedies is available to both buyers and sellers? Select one: a. Recovering the total value of goods in the contract b. Recovering profit from the resale of nonconforming goods by the other party c. Damages in the amount of the difference between the contract price and the market price of goods d. Obtaining specific performance of the contractarrow_forward
- 1. Seller and Buyer negotiate for the sale of 100 acres of land. They orally agree on a price of $100,000, one half in cash at closing and the other half 90 days after closing. Buyer sends Seller a letter in which all the terms are included and is signed by Buyer. Seller never responds. When the closing date arrives, Seller refuses to transfer title. Buyer sues. Is the agreement enforceable at law? 2. Seller and Buyer negotiate for the sale of 100 acres of land. They orally agree on a price of $100,000, with payment to be made within 10 days and the deed delivered within another 30 days. Buyer sends Seller a letter in which all these terms are included, along with a check for $100,000 that Seller deposits. Seller fails to deliver a deed, and Buyer seeks to enforce the contract. Is the contract enforceable? 3. John is president and sole shareholder of Photo, Inc. Photo, Inc. wishes to borrow money, but to do so, the bank requires John to orally guarantee to repay the loan if…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_forward(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 Melarrow_forward
- 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…arrow_forwardCurrent City (CC) is a retail seller of television sets. CC sells Dhani a $3,000 large-screen, high-definition, LED set on a retail installment security agreement in which he pays $100 down and agrees to pay the balance in equal installments. CC retains a security interest in the set, and perfects that interest by filing a financing statement centrally. Two months later, Dhani is in default on the payments to CC and is involuntarily petitioned into bankruptcy by other creditors. Discuss CC’s right to repossess the TV set. Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.arrow_forwardMiss. Meron claims she has been unfairly dismissed by her employers. She consults a law firm owned by Mr. Fitih , who agrees to take up her case. The law consulting firm, owned by Mr. Fitih advises her that if she wins her case she can expect a compensation of 30,000 birr but if she loses she will receive nothing. The law consultant firm estimates his fee to be 5,000 birr which she will have to pay whether she wins or loses. Under the rules of the relevant court she cannot be asked to pay her employer’s costs. As an alternative the consultant offer her a ‘no win no fee’ deal under which she pays no fee but if she wins her case, the consulting firm will take one-third of the compensation she receives. She can decide against bringing the case, which will incur no cost and result in no compensation. Based on the information given above: Develop a payoff table to Meron’s case Advise Meron what to do: –Using the maximax decision criteria –Using the maximin decision criteria. –Using the…arrow_forward
- 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.arrow_forwardIf the third person is prevented from fixing the price by fault of the seller or buyer, the party not in fault may obtain redress against a person the party in fault. a. True b. False c. Partly true d. Partly falsearrow_forwardFirm A is having financial difficulties. It delivers goods to a carrier for shipment to a foreign buyer, obtains a Bill of Lading (BOL), and negotiates the document to the buyer. In the meantime, a creditor of the seller attempts to put a lien on the goods to satisfy it debt. In this example whose property claim to the delivered goods will prevail? a. Firm A b. The buyer c. the creditor d. They have equal claims and the dispute needs to be submitted to court for final resolutionarrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill Education
Management (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSON
Business Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSON
Fundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON