Bus Law11 - Also, if Fresher Food buys these 100 bushes...

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Anton Klochkov Hypothetical Scenarios and Case Problems 11-1 The contract between Fresher Food and Vernon falls into the sales of goods, which is governed by U.C.C. Article 2. Under U.C.C., Contracts for the sale of goods at a price of $500 or more are not enforceable unless there is some writing that is signed by the party to be charged. Here, Fresher Food and Vernon had an oral contract for 1000 bushes at the price of $1.25 per bush. The total amount of the contract comes to $1250, which is more than $500. That is to say, it can be considered as fraud. Moreover, Fresher Food paid $125 as a down payment to Vernon. Therefore, Fresher Food can recover 100 bushes at the price of $1.25 per bush based upon the $125 down payment. Also, Vernon breached the contract by not delivering 100 bushes on the date of delivery. Therefore, Fresher Food can recover incidental and consequential damages too.
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Unformatted text preview: Also, if Fresher Food buys these 100 bushes from some other seller, they can recover the difference between the contract price and either market price or the cost of buying replacement goods. 11-2 I believe that Jennings had breached the contract. The offer in the case was the signed letter by Jennings which said: I have a 1955 Thunderbird convertible in mint condition that I will sell you for $13,500 at any time before October 9. That is to say, the offer could be confirmed any time before the 9 of October. However, Jennings sold his car to someone else and did not wait for Wheeler. Jennings did not say that he will sell the car to Wheeler unless she finds another buyer. In this case, Jennings should have waited until October 9 before selling the car to someone else so the contract would have been void....
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This note was uploaded on 11/13/2011 for the course BUS 201, 222, taught by Professor Green during the Spring '11 term at University Of Southern Mississippi .

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