The pages of their notebooks are empty. They carry neither p…
The pages of their notebooks are empty. They carry neither pencil nor pen.They stare out the window. They refuse and resist. “Books,” I say to them.”Books,” I say. I throw my weight against their locked doors. The doorholds. I am smart. I am arrogant. I am lucky. I am trying to save our lives.
Read DetailsSam, a ski-shop operator, in a telephone conversation with G…
Sam, a ski-shop operator, in a telephone conversation with Gants, a glove manufacturer, ordered 12 pairs of vortex-lined ski gloves at Gants’s list price of $600 per dozen “for delivery in 30 days.” Gants orally accepted the offer, and immediately emailed to Sam this signed memo: “Confirming our agreement today for your purchase of a dozen pairs of vortex-lined ski gloves for $600, the shipment will be delivered in 30 days.” Although Sam received and read Gants’s message within minutes after its dispatch, Sam changed her mind three weeks later about the purchase and rejected the conforming shipment when it timely arrived. On learning of the rejection, does Gants have a cause of action against Sam for breach of contract?
Read DetailsOn June 1, Gillian (General Contractor) and Samantha (Subcon…
On June 1, Gillian (General Contractor) and Samantha (Subcontractor) entered into a contract under which Samantha agreed to deliver all of the steel joists that Gillian required in the construction of a hospital building. The contract provided that delivery of the steel joists would begin on September 1. Although Gillian had no reason to doubt Samantha’s ability to perform, Gillian wanted to be sure that Samantha was on track for delivery in September. Gillian therefore wrote a letter on July 1 to Samantha demanding that Samantha provide assurance of her ability to meet the September 1 deadline. Samantha refused to provide such assurance. Gillian then immediately obtained the steel joists from another supplier. If Samantha sues Gillian for breach of contract, is Samantha likely to prevail?
Read DetailsBob and Stan entered into a written contract for the sale of…
Bob and Stan entered into a written contract for the sale of a copy machine, using the same form contract that they had used a number of times in the past. The contract stated that payment was due 30 days after delivery and provided that the writing contained the complete and exclusive statement of the parties’ agreement. On several past occasions, Bob had taken a 5% discount from the contract price when paying within 10 days of delivery, and Stan had not objected. On this occasion, when Bob took a 5% discount for paying within 10 days, Stan objected because his profit margin on this particular machine was smaller than on his other machines. If Stan sues Bob for breach of contract, may Bob introduce evidence that the 5% discount was a term of the agreement?
Read DetailsIn a writing signed by both parties on December 1, Mike the…
In a writing signed by both parties on December 1, Mike the Mechanic agreed to buy from Easton, an engine manufacturer, a gasoline engine for $1,000, with delivery on the following February 1. Through a secretarial error, the writing called for delivery on March 1, but neither party noticed the error until February 1. Before signing the agreement, Mike the Mechanic and Easton orally agreed that the contract would be effective only if Mike the Mechanic notified Easton in writing not later than January 2 that Mike the Mechanic had arranged to resell the engine to a third person. Otherwise, they agreed orally, “There is no deal.” On December 15, Mike the Mechanic entered into a contract with an engine collector to resell the engine to the collector at a profit. On December 16, Mike the Mechanic notified Easton by telephone of the resale agreement with the collector and explained that a written notice was unfeasible because Mike the Mechanic’s secretary was ill. Easton replied, “That’s okay. I’ll get the engine to you on February 1, as we agreed.” Having learned, however, that the engine had increased in value about 75% since December 1, Easton renounced the agreement on February 1. If Mike the Mechanic sues Easton on February 2 for breach of contract, which of the following concepts best supports Mike the Mechanic’s claim?
Read DetailsUse the following information to answer questions 26-28: The…
Use the following information to answer questions 26-28: The quarterly sales (In 1000 Dollars) data from one local retail store from Quarter 1 of 2011- Quarter 4 of 2018 is used to estimate the following regression based linear trend with seasonality model:
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