C.C. -- Article 2 -- Sales, 2005). In this case since the first lot was defective the buyer is going to claim that they have the right to refuse both lots. The seller will claim that they buyer should not be capable to refuse the second lot since it conformed to the specifications that had been set forth.
The obligation of a seller is to transport and convey and the obligation of the buyer is to recognize and pay in agreement with the contract. Express warranties by the seller are fashioned when any confirmation of detail or assurance by the seller to the buyer which relates to the goods and becomes part of the foundation of the agreement (U.C.C. -- Article 2 -- Sales, 2005). The seller had the responsibility to supply merchandise that conformed to the specifications set down in the contract in two lots.
In this case a Government watchdog agency had determined that the supplier of the first lot of material in another country had used potentially harmful chemicals in preparing the fabric and put a halt on all shipments entering the U.S. The Seller notified Buyer he intended to cure any variations from the sample in the second lot and immediately shipped by ship replacement material. With respect to the first lot, the Seller demanded payment because the Buyer had used the goods. Based upon the sample Buyer had he received a commitment to purchase the second lot of material if it could be produced within a certain amount of time. The Seller's shipment by ship was delayed. Upon inspection Buyer confirmed...
If the defect was cured by the seller for the first lot then the buyer would then be responsible for payment. Upon the seller agreeing to replace the second lot and the buyer agreeing to that based upon a set arrival date a new contract had been formed and the seller had a responsibility to deliver the second lot on time. When that did not happen, a breach of the second contract could then be claimed.
In this case the buyer should have inspected the first lot of goods immediately upon receiving it and definitely before using any of it. But since the buyer did use the goods he would be responsible for paying for them. Once the good were determined to be unsafe the seller should have replaced both lots with the correct goods. When the seller agreed to provide the second replacement lot by a specified time then they had an obligation to make sure that the goods arrived at the buyers by the agreed upon time. The buyer had made a sale of the goods relying on the delivery of the goods by a particular date. Non-delivery of the goods by the date constituted breach on the part of the seller.
Performance Management The benefits of performance appraisals for both employers and employees Performance management has become endemic to virtually all large organizations world-wide. "An estimated 80-90 per cent of organisations in the U.S.A. And UK use appraisals, and there has been an increase from 69 per cent to 87 per cent of organisations between 1998 and 2004 using formal performance management systems" (Prowse & Prowse 2009). The benefits for performance appraisal are
Performance Management A comparison case studies practices organisations United Kingdom. You choose specifically focus performance management (PM) high performance working (HPW). Research choose organisations high performance work (HPW) practices. Performance management is a process-centric, holistic approach to company's decision making process that is intended to improve the company's capability and to manage its performance at all levels by combining stakeholders, customers, managers, and suppliers. Many companies rely on performance management to improve
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Breach Notification The confidentiality of medical and personal information of every patients or other individual is a serious issue in the health sector. However, governments such the United States and European Union have put into operation data breach notification rules that cover the health care fraternity. Therefore, breach notification can be defined as rules and regulation which protects or control the unlawful access to data of an individual (Jim Tiller, 2011). Mostly
Breach of Faith Over the course of twenty-two years, from 1979 to 2001, Robert Hanssen participated in what is possibly the most severe breach of national intelligence in the United States' history. Through a combination of skill and sheer luck, Hanssen was able to pass critical information from his job at the FBI to Soviet and later Russian intelligence agencies, information that may have contributed to the capture and execution of