Business & Ethics & Law A-4

Business & Ethics & Law A-4 - Case Problem...

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Case Problem s 1 Running head: ASSIGNMENT 4 Case Problems Assignment #4 Shranda Y. Caldwell BUS 340-Ethical and Legal Issues in Business Professor Mestman June 23, 2010
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Case Problem s 2 Gianni Sport vs. Gantos An unconscionable contract is defined as a contract that is unjust or extremely one-sided in favor of a person who has superior bargaining power. It is also a contract that no person who is mentally competent would enter into or any fair or honest person would accept. They are normally administered by companies or people who exploit consumers that are often poorly educated, impoverished, or unable to find the best price available in the competitive marketplace. The case problem does state that in the 80’s, Gantos was a top retailer and had sales that were 20 times more than Gianni Sport; this equates to a lot of money. Therefore, Gantos would be the superior bargaining power. The contract states that the Buyer has the right to terminate the contract as long as they notify the Seller; as long as the goods have not been shipped or if they are not finished in a timely manner. So, which means, if Gianni Sport finishes the holiday order within guidelines, and Gantos just feels that their store is full and no longer needs the merchandise, they can just cancel. If done, this act would be the unjust or extremely one-sided favor of Gantos. Either way, Gianni Sport would not receive any profits, even though the merchandise was specifically designed for Gantos. With all the compiled evidence, it is safe to say that the cancellation of the ordered was unconscionable. Dyer vs. Walt Bennett Ford
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This note was uploaded on 03/18/2011 for the course BUS 360 taught by Professor Jamesgoff during the Spring '10 term at Grand Canyon.

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Business & Ethics & Law A-4 - Case Problem...

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