Obligations and Performance - 43488

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  • From: Business,
  • Due on: Sun 16 Feb, 2014 (03:08pm)
  • Asked on: Sun 16 Feb, 2014
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Select ONE of the scenarios below and explain the best solution. Include comments related to ethical issues that may arise.

Scenario 1

Standard preprinted forms are frequently used by merchants to negotiate sales contracts. These standard forms usually contain terms that favor the drafter. An offerer (seller) who sends a standard form contract as an offer to the offeree (buyer) may receive an acceptance drafted on the offeree’s own standardized contract. This scenario is commonly called the battle of the forms, and it raises important questions.

Adams offers to sell Baker 2000 leaf blowers at $50 each with a one-year period for action on breach of warranty. Baker copies Adams’s offer to his own form that contains a four-year period for action on breach of warranty preprinted on the back of the form, and sends the acceptance to Adams. Is there a contract? Why or why not? If so, what are its terms? Please be sure to cite to the Uniform Commercial Code (UCC), which provides guidance in answering these questions.

Scenario 2

Ada Fisher purchased a wheelchair from Access Industries, Inc. The wheelchair was customized for Ada and her home. When the wheelchair arrived, it was too wide to fit through the doorway of her home.  Fisher refused the chair and refused to pay Access. Did either party breach the contract?  What options are available to Fisher? Use citations to support your response.

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