Plaintiff shipped to Defendant—Pizza Pride Inc. of Jamestown, North Carolina—an
ID: 445747 • Letter: P
Question
Plaintiff shipped to Defendant—Pizza Pride Inc. of Jamestown, North Carolina—an order of mozzarella cheese totaling $11,000. That same day, Plaintiff mailed Defendant an invoice for the order, based on Plaintiff’s understanding that an oral contract existed between the parties whereby Defendant had agreed to pay for the cheese. Defendant was engaged in the real estate business at this time and had earlier been approached by Pizza Pride Inc. to discuss that company’s real estate investment potential. Defendant denied ever guaranteeing payment for the cheese and raised the UCC’s Statute of Frauds, Section 2-201, as an affirmative defense. The Plaintiff contended that because Defendant was in the business of buying and selling real estate, she possessed knowledge or skill peculiar to the practices involved in the transaction here. After hearing the evidence, the court concluded as a matter of law that Defendant did agree to pay for the cheese and was liable to Plaintiff in the amount of $11,000. Defendant appealed. How should the appeals court rule?
Question 2 - Risk of Loss
Plaintiff, a manufacturer of men’s clothing in Los Angeles, contracted to sell a variety of clothing items to Defendant, Harrison’s clothing store in Westport, Connecticut, “F.O.B. Los Angeles.” Plaintiff delivered the goods to Trucking Company and received a bill of lading. When the goods arrived at Defendant’s store about two weeks later, Mrs. Harrison, Defendant’s wife, who was in charge of the store at the time, requested the truck driver to deliver the goods inside the door of the shop. The driver refused and ultimately drove away. The goods were lost. Defendant refused to pay for the goods and raised as a defense that “the Plaintiff refused to deliver the merchandise into the Defendant’s place of business.” Who wins and why?
Question 3 - UCC Additional Terms
Best Products, Inc., offers to sell to Infinite Sales Company one hundred DVD players at $50 a piece, subject to certain specific delivery dates. Infinite replies with a signed purchase order that reads, “Accept your offer for 100 I-appliances at $50 each. Must be delivered to our warehouse.” Best does not respond or deliver the goods. Infinite files a suit for breach of contract, to which Best answers that there is no contract because Infinite’s purchase order contained additional terms and is not signed by Best. Can Infinite recover? Explain.
Explanation / Answer
How should the appeals court rule?
As according to the aforesaid case studies Defendant that he is agreed before that he is will pay for the cheese, as Defendant is dealing in real estate so when pride inc is also asking to discuss on the company's real estate potential, but later he denied on the cheese payment and on real estate issues.
As plantiff is raised the invoice against the Defendant so court can take a action against the Defendant .
Answer no 2
Risk of loss
Plaintiff delivered the goods to Trucking Company and received a bill of lading. When the goods arrived at Defendant’s store about two weeks later, Mrs. Harrison, Defendant’s wife, who was in charge of the store at the time, requested the truck driver to deliver the goods inside the door of the shop. The driver refused and ultimately drove away. The goods were lost. Defendant refused to pay for the goods and raised as a defense that “the Plaintiff refused to deliver the merchandise into the Defendant’s place of business.
In this situation the contracts for selling the good or clothings to defendent not he was supposed to supply his goods on the place of business, and acording to me truck driver has the duty of delivery not the loading or unloading of goods to inside the door all this work should done by the store labour , According to me there is no fault of plantiff nor truck driver yes mutually he can agreed to deliver inside the store but he is not bound to do this, he is not guilty.There is defendant's wife negligence so she is in loss or guilty.
UCC additional Questions:
Well accordingly to case studies infinite can recover because best products breach the contract
A business contract creates certain obligations that are to be fulfilled by the people or companies who entered into the agreement. In the eyes of the law, a party's failure to fulfill an end of the bargain under a contract is known as a "breach" of the contract. Depending on the specifics of the contract, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all. Accordingly, a breach of contract will usually be categorized as either "material" or "immaterial" for purposes of determining the appropriate legal solution or "remedy" for the breach