Bentley is a manager at a high-end printing company
called Graphic Communications Inc. (GCI). GCI
designs and produces posters and other materials for
advertising purposes for a variety of clients, including
a local symphony orchestra and Main Street University.
After GCI received a large order from the university
that required a special press, Bentley was assigned
to locate a suitable press, negotiate the purchase terms,
and arrange for delivery no later than July 1. Bentley
negotiated a price with Armstrong Press Manufacturing
for the Armstrong Model 2000 printing press.
The press was sufficiently large as to require that it be
delivered in three separate pieces, and then assembled
on-site. One factor in choosing Armstrong as a vendor
was that GCI had used Armstrong before for purchases
of smaller presses and had been satisfied with their
products and services. In those previous transactions,
GCI had used their own standard preprinted purchase
order, and no disputes developed.
Once the parties agreed on price, Bentley issued
a preprinted purchase order. The purchase order was
one page long and had very few terms. It contained only the price, description of the press, the date of the
purchase order, a provision that agreed that all three
pieces of the press would be delivered and operational
by July 1, and Bentley’s signature. After Armstrong
received the purchase order, Armstrong’s manager
handwrote the phrase “Acknowledged as a destination
contract. To be delivered and assembled in three
installments to GCI over the month of May” in the
delivery section of the purchase order. Armstrong’s
manager then signed the purchase order, faxed the
purchase order back to Bentley, and began to process
the order. Armstrong shipped the first part of the press
using its own delivery service. Before delivery, the
truck was involved in an accident, and the first part of
the press was destroyed.
Refer to the online UCC at http://www.law.cornell.edu/ucc/2/article2.htm
Choose one question for each team member minus one (the editor of this week's paper) from the seven questions based on the scenario and respond to those questions (use the questions chosen as section headers). Make sure you cite specific UCC sections from Article 2 in your responses (cite as "UCC Sect. 2-xxx").
Make sure you include an introduction and conclusion and adhere to APA paper guidelines. This is a formal paper with no word count requirements.
This means that each person except the editor responds to a single question.
1. Is Armstrong's addition of the delivery term binding on GCI? Explain the UCC analysis governing the additional terms added by Armstrong.
2. Does the fact that the parties had a history of past dealings with each other impact your analysis in Question 1 above? Why or why not?
3. When did title to the goods pass in this contract? Who has the risk of loss? How is your answer related to your analysis of Question 1 above? - Toni
|Due By (Pacific Time)||02/23/2015 07:00 pm|
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