Case 20-3 - the price will go up and sky requested to...

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Case 20-3 Issue: Is there any liability to refuse to accept the shipment under contract? And if he does then he still have to pay the price stated in the contract (first time made) or not? Rule: Under the requirement contract the buyer agrees to purchase the goods from the seller, and this commitment is enforceable. However if the buyer refuse to buy from the seller if it is stated in the contract then it cannot be enforceable anymore. The rule is on page number 400. Application: The very first contract made between the sky and Shane is that the sky will provide the gasoline at 2.30 per gallon for the Shane delivery truck. Under certain circumstances
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Unformatted text preview: the price will go up and sky requested to change the price and bump it up to 2.50 per gallon and sky accepted that but later Shane rejected the delivery because he can get the gasoline cheaper from other source. One more thing in the contract the Shane also mentioned that they can reject the shipment at any time without any liability. Conclusion: Shane definitely allows refusing the shipment at anytime without any liability. And if he accepts the shipment for that order then he has to pay $2.50 instead of $2.30 because he already agrees to this in the revise contract....
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This note was uploaded on 11/02/2011 for the course LAW 501 taught by Professor White during the Spring '11 term at Oklahoma Christian.

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