- we have to write objective report .we are NOT tryong to persuade about the situation.
- we have to conclude gould commercial code on page 13 and the 2 case provided must cite to the report in OBJECTIVE analysis of what the situation is with pine tree.on page 7 and 9
- written documentation need to analyze UCC# UNiform COMmercial code#
- commercial code on page 13 paragraph 1 is satisfied the question is IS IT PART OF AGREEMENT? IS IT LIABLE?a) Purchase order would have to have on it a language saying we express the agreement acceptance of this offer to return contains hearing. And it doesn’t say it.
b) C) We don’t have that .
- whether waiving the consequence damages is a material alteration? And whether pine tree has to pay the consequences damage?
- Library case on materiality . in the case there is discussion about similar case to this . and in this case the language is found to be not material.
- There was an agreement but We are arguing about the purchase orderacknoledgmentThere was an agreement on plaintiff the pine tree its good to go but it wasn’t side but Its on Pine tree document which is acceptance extra language that its not part of contract.
- Condition applicable to all sales: page 4
- . Buyer waives any claims for consequential damages arising out of this purchase order, including, but not limited to lost profits.
- # extra language needed#
- If you conclude that It is material alteration: it is not part of contract and pine tree has to pay the damage. How you calculate the amount of consequences damages? kids case second
· Waiving consequential damages is material . Therefore the limit that language didn’t make into the contract and pine tree will belikely liable for the consequential damage.
- Future profit will be speculative ?they do have history for you to work on?
- In common law this might be not considered an acceptance because it is not a mirror image of the offer.
- Binding offer is when someone has to make an offer and somebody has to accept it. In order to have it valid you have to have an offer and acceptance.
|Due By (Pacific Time)
||10/26/2015 12:00 pm