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Grocery, Inc. Essay

2055 words - 8 pages

Introduction Grocery, Inc. is a retail grocery store and has stores throughout the United States. Grocery has written contracts with many different vendors to purchase the products they sell in their stores. In this paper, Team B will evaluate contractual scenarios that impact Grocery Inc. The scenarios range from individuals to international corporation contracts. Team B will make clear facts of contractual law and remedies available to parties involved.Uniform Commercial Code (UCC)Several sections of article 2 in the Uniform Commercial Code (UCC) pertain to Grocery, Inc. and the vendors. Grocery, Inc. also has common law contracts with vendors. The UCC has several articles that pertain to purchasing of goods and contracts (Requirements, n.d.). Section 2-201 deals with contracts and legal remedies in regard to contracts for the sale of goods over $500, information required would be quantity and terms. Section 2-105 pertains to bulk purchases and Section 2-314 discusses warranty of goods for usage of trade. (Cheeseman, 2004, p 1081) The UCC is based upon common law but UCC is federal and will usually take precedence over common law contracts in a dispute (Uniform Commercial Code, n.d.) Common law contracts would generally be used for local suppliers where the UCC would more than likely be used with international and national suppliers, along with a common law contract to protect both parties. While UCC contracts can be open in terms of amount and payment, common law contracts should include the quantity, payment amount, delivery and information on both parties. Written confirmation is also required for a valid contract.Grocery vs. Masterpiece ConstructionThe Doctrine of Commercial impracticability is nonperformance that is excused if an extreme or unexpected development or expense makes it impractical for the promiser to perform (Cheeseman, 2004, pg. 295). The doctrine could excuse masterpiece of nonperformance because of unforeseeable events. However, considering the poor quality of work, using this as a defense is not compelling. Though masterpiece might have had the right to sub-contract the renovation to another company, this right does not release Masterpiece from liability. Based on the information provided, Grocery could win a suit for specific performance but not necessarily for breach of contract. Grocery could sue under substantial performance. Substantial performance happens when a party to a contract renders performance that deviates only slightly from complete performance (Cheeseman, 2004, pg. 303). Masterpiece delegated the duties of the contract to meet the six month time limit under the contract. This slight deviation could fall under substantial performance. Grocery can sue the breaching party, masterpiece, to recover the cost to repair the defect if the breaching party has already been paid.Fresh vs. Smooth Car SalesJeff Fresh, a 17 year-old minor, was working towards a goal of saving money for a down payment on a car. Fresh...

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