Grocery Answer For Bus 415 Of University Of Phoenix.

3090 words - 12 pages

1) Does Article 2 of the Uniform Commercial Code (UCC) apply to the contractsbetween Grocery and its vendors? Do common law contracts apply? Explain, indetail, why or why not. Your answer should compare and contrast common lawcontracts and UCC Article 2 contracts.Yes Article 2 of the UCC does apply to the contracts between Grocery and theirvendors. Article 2 applies to all contracts for the sale of goods (2-102). The codecontains a somewhat complicated definition of goods (2-105),the most importantthing to understand is that the term goods means tangible personal property.Article 2 does not apply to contracts for the sale of real estate or stocks and bondsand other intangibles. The drafters of the code also tried to promote fair dealingand higher standards of behavior in the marketplace. They attempted to do this inseveral ways in Article 2. The Code imposes a duty on everyone makingagreements under the Code to act in good faith (1-203). The Code also imposescertain standards of quality on sellers of goods as a matter of law.Common law contracts would also apply to the Grocery and their vendors, due tothe mixture of goods and services. Common law would apply to the serviceelement that is predominant in the contract with regards to the delivery of thegoods. (Barnes, J). The difference between Article 2 and common law is that ifthe contract is for the sale of goods then Article 2 would apply, if it is not thenthe principles of common law under contracts would apply.Article 2 reflects an attitude about contracts that is fundamentally different fromthat of the common law. The Code is more concerned with rewarding people'slegitimate expectations than with technical rules, so it is generally more flexiblethan traditional contract law. A court that applies the Code is more likely to findthe parties had a contract than a court that applies contract law (2-204). In somecases, the Code gives less weight to technical requirements such as considerationthan is the case in contract law. (Barnes, J).2) Grocery contracted with Masterpiece Construction to renovate the store on MainStreet in My Town. Masterpiece, unable to complete the renovation within the sixmonth time limit due to a sudden increase in jobs, sub-contracted the entire job toBuild Them to Fall. Grocery was unaware of the sub-contract. When Groceryrealized (due to poor quality of work) that Build, not Masterpiece, was handlingthe renovation, Grocery petitioned the court for an injunction and then suedMasterpiece for breech of contract and specific performance. Masterpiece arguedthat it had a right to delegate the duties of the contract, or in the alternative, todischarge the contract due to commercial impracticability. Who wins? Explainyour answer.Based on the information provided Grocery would win the case based on breechof contract and specific performance. Under breech of contract, promisors mustperform their contractual duties in the manner they have promised to performthem. Since Masterpiece...

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