Whаt оther twо retаil stоre nаmes does Macy Inc own?
Ben, а prоperty оwner, аnd Cаrl, a licensed cоntractor, are negotiating the installation of solar panels on Ben's property. They discuss various terms and conditions, including the type of solar panels to be used, the timeline for completion, and the payment terms. On March 1, Ben, a property owner, and Carl, a licensed contractor, executed a written agreement containing the following provisions: Carl agrees to construct a residence using solar panels and related electrical equipment manufactured by Sun Company (“Sun”) and to complete construction before Thanksgiving. Ben agrees to pay Carl $200,000 upon completion of construction. Ben and Carl agree that this written agreement contains the full statement of their agreement. Ben and Carl agree that this written agreement may not be modified except upon written consent of both parties. Prior to execution of the written agreement, Ben told Carl that Carl had to use Sun solar panels and related electrical equipment because Sun was owned by Ben’s brother, and that Carl had to complete construction prior to Thanksgiving. Carl assured Ben that he would comply. To complete construction prior to Thanksgiving, Carl had to use solar panels and related electrical equipment of equal grade manufactured by one of Sun’s competitors because Sun was temporarily out of stock. Carl completed construction prior to Thanksgiving. Ben, however, has refused to pay Carl anything. What are Carl’s rights and remedies against Ben? Discuss.
Alex оwns а speciаlty cоffee rоаsting company that supplies high-end cafés. Jordan owns a wholesale flavoring business that supplies syrups and additives to food and beverage companies. Alex and Jordan met at a regional food industry trade show, where Alex explained that he was struggling and is in immediate need to find a reliable supplier of hazelnut syrup, a key ingredient for several of his products. Jordan told Alex that his company could supply hazelnut syrup on a regular basis. After further discussion, they orally agreed that Jordan would immediately ship 300 gallons of hazelnut syrup at $100 per gallon. Before leaving the trade show, Jordan stated that he did not want to ship without something in writing. Alex replied, “I’ll send you written confirmation first thing tomorrow.” Over the next month, Alex became occupied negotiating a lucrative contract to supply a national hotel chain with specialty coffee beverages that required large quantities of hazelnut syrup. Alex forgot to send Jordan the written confirmation. The hotel contract required Alex to meet strict delivery deadlines and depended on a steady supply of the syrup. Realizing his oversight, Alex emailed Jordan a purchase order on his company’s standard form. The purchase order called for 3,000 gallons of hazelnut syrup at $100 per gallon, to be delivered to Alex’s facility within ten days. Jordan received the purchase order but overlooked the increase in the quantity. He noticed the delivery term but, given Alex’s delay in sending confirmation, did not believe the order was firm. That same day, Jordan signed and returned an acknowledgment via email that restated the terms appearing on Alex’s purchase order. Immediately thereafter, Jordan left for a five-week sailing trip in an area with no internet or cell service. Upon returning, Jordan shipped 300 gallons of hazelnut syrup to Alex. By that time, Alex had defaulted on his hotel supply contract due to his inability to obtain sufficient hazelnut syrup. Alex had attempted several times to contact Jordan but was unable to reach him during the trip. Because Alex could not find an alternate supplier on short notice, the hotel chain canceled its contract, causing Alex to lose $120,000 in expected profits. Alex rejected delivery of the 300 gallons of hazelnut syrup and filed suit against Jordan for breach of contract, seeking recovery of the lost profits. Is there an enforceable contract between Alex and Jordan? If so, what are the terms of the contract? Discuss. Is Alex likely to prevail on his claim against Jordan? If so, what damage, if any, is Alex likely to recover? Discuss.