Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
¶ … Universal Commercial Code does apply because the vendors are supplying goods and products to the stores. "Many of the Code's provisions apply only to merchants or to transactions between merchants" (Mallor, 2003). It is possible that common law contracts might also apply. However, for any issue that arose to be governed by common law rather than the Uniform Commercial Code, it would have to concern a service to be provided by the vendor, and not the vendor's product. Often when there is a mixture of both service and product involved in a legal dispute, in the case of commercial transactions, the UCC will take precedence if the service component is merely incidental to providing the goods.
There are at least three separate issues here. The first concerns whether or not it was specified in the contract between grocery, Inc., and Masterpiece Construction that Masterpiece was not to subcontract or delegate any work. The second concerns specific time and quality performance requirements written into the contract. The third concerns whether Masterpiece could expect relief based on commercial impracticability.
Regarding the first question, because Grocery, Inc., brought action based on the subcontract, it is at least likely that the contract specified either no subcontractors were to be involved, or that it was to be notified of any subcontracting, and possibly had reserved the right to relief if it did not...
The second concern is likely; had Masterpiece not been looking at sanctions for failure to fulfill its performance requirements under the contract, it might not have employed a subcontractor. Because Masterpiece was apparently seeking to prove that it was needful for it to subcontract due to commercial impracticability, it is also safe to assume that Masterpiece was in breach of the contract, and knew it was in breach of the contract. However, whether commercial impracticability applies is tenuous at best. While it is a legitimate excuse for breaching a contract, "The impracticability must be caused by an unexpected contingency that affects or creates conditions that neither party contemplated, such as a natural disaster, war, or shortage of materials caused by an embargo" (Insurance.cch. Web site) Unfortunately for Masterpiece, it would have a hard time proving that an event such as those caused its increase in jobs; more likely, its own sales and marketing efforts caused the increase in jobs so its being overscheduled was its own responsibility, and not a matter of an act of God, nature, politicians and so on.
3. There are a few possible outcomes. First, because the buyer was underage at the time of the transaction, as long as he proceeds to disaffirm the contract within a reasonable length of time, which is often construed as one year after reaching…
References
Commercial impracticability. Insurance CCH Web site. Retrieved 8 August 2004 at http://insurance.cch.com/rupps/commercial-impracticability.htm
Forum. Free Advice Web site. Retrieved 8 August 2004 at http://forum.freeadvice.com/showthread.php?s=f4bbb3a767a023c2e52ee4f4fbd776e3&p=682153#post682153
Mallor. (2003) Business law: The ethical, the global & ecommerce environment. New York: McGraw-Hill Companies.
Tasini, Jonathan. (1998) What planet are you on? The working lives of writers and the UCC2B. April. Retrieved 8 August 2004 at http://www.law.berkeley.edu/institutes/bclt/events/ucc2b/tasini.html
The original farm was a seasonal operation with periods of no production in the winter months. The ability to dry and produce value-added products will allow the business to smooth its income and realize revenue all year round. The new production facility will change the nature of the business from seasonal to year-round. The business will be able to stockpile product during the busy season and sell it on a
Wal-Mart may find that it is not able to "rollback prices" to compete with discount underwriters. One key opportunity for Wal-Mart is to focus on social welfare to improve their stature within the various communities Wal-Mart is located. Problem Definition As was stated at the outset Wal-Mart is one of the most reviled corporations within the United States. For the various reasons previously stated, Wal-Mart has attained a vastly negative reputation
E-Groceries Feasibility Study of E-Groceries Recent technological developments have seen different plans of action being actualized as it relates to e-Groceries retailing. However, challenges have limited the full realization of this aspect with the greatest hindrance has been logistics; more wasteful operation has often prompted resources being utilized on working expenditures. In this case, enhancements geared towards logistical effectiveness are seen as standouts amongst the most essential steps towards the implementation
Employee Satisfaction And Productivity employee satisfaction and productivity ASTRACT Employee satisfaction directly links to organizational excellence and/or productivity. Maybe… Maybe not… Researchers regularly debate exactly what components contributing to employee satisfaction and the company's and/or organization's productivity. Similarly, employers and employees do not typically agree on the reason/s an employee stays committed to a company or what factors contribute to an employee's satisfaction with the company. During the mixed-method case study, the researcher focuses
E-Groceries Primary Data Collection Secondary Data Collection Performance evaluation of the optimized supply chains McLane e-grocery Carrefour Ooshop e-grocery Logistics Optimization Structural decisions items of operations strategy in logistics Hardware of the firm Operational Facilities Operational Capacity Process technology Supply Network Infrastructure decision areas Software of the organization Planning and control Quality Organizational Structure Comparison of structural and infrastructural logistical operations management decisions Horizons Capital Investment Globalization and Logistics Optimization Logistical optimization models Challenges in e-grocery Logistics E-grocery logistical solution Store-based order picking model Figure: Store-based order picking model Store-based order picking for attended goods reception Store-based
Business Plan INSIGNIA SYSTEMS Insignia Systems, Inc. Business Plan The Business Profile: Insignia Systems, Inc. Business Description "Insignia Systems, Inc. markets, sells and supports in-store advertising and promotional products, programs and services designed to provide retailers and consumer goods manufacturers with highly effective in-store programs and point-of-purchase display materials" (Insignia Systems, 2012) Insignia is engaged in advertising to customers in a retail environment who may otherwise not see the product advertised. One of the slogans that