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?

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?

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?

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?

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:

选词填空  Fill in the blanks. Each word can only be used ONCE    A 惊醒            B 独立            C 标准            D 摆脱          E 牺牲 1、中国人在鸦片战争后，从唯我独尊的美梦__________，发现自己不是世界的中心。 2、爱情是一个很玄的东西，每个人的__________都不一样。 3、小王去了中国学习后，变得很__________，什么都不用靠别人，自己就能完成。 4、最近我的学习压力好大，我应该去问一下教授，请教他怎么 __________压力。 5、他为了拿到博士文凭，__________了很多可以玩乐的时间。

Pennfield is a general contractor. Pennfield was at a meeting of the General Contractors’ association and heard several contractors say they had been in talks with Douglas over building a house for Douglas. One said “Douglas is crazy. One minute being calm and reasonable, the next minute screaming, raving and making really peculiar demands.” Another answered “I heard the same thing from Spenser. They were discussing house plans when Douglas began obsessing over what brand of nails they were using. Really out there.” Pennfield had a call from Douglas a week later. Douglas said “I own the site. I have plans for a house I want built. I have had discussions with several contractors, but no one has taken the job. Would you look at it?” Pennfield thought about what he had heard, but Douglas seemed normal on the phone. Pennfield agreed to meet with Douglas. Douglas hired Pennfield to build a house. The two signed a written contract. The contract provided that Douglas would pay Pennfield $5,000,000 for building the house. This was a fair price for the house to be built. One million to be paid in advance, the rest upon completion. The contract also provided that all nails used in construction had to be from the Bentex Nail Foundry (BNF). As far as Pennfield knew, all the nails they used from different companies were the same. There was nothing special about BNF nails. Before signing, Pennfield asked Douglas about the specification. Douglas just said “None of your business. Just follow my instructions. But you know what, the nails are not important. Don’t worry about it. Just use whatever you think best.” Then they both signed the contract. When the construction was complete, Pennfield met Douglas at the site for a final inspection. During the inspection Douglas found a nail on the floor in the laundry room. “This is not a BNF nail,” Douglas remarked bitterly. BNF treats their nails with an electromagnetic process that repels space alien invaders. You have built me a house that is vulnerable to invasion by space aliens. The whole thing must be done over. Every nail must be replaced with a BNF nail. Until that happens, I am not paying you a dime.” Pennfield checked with BNF. They knew nothing about an anti-alien process and thought Pennfield must either be joking or insane. Pennfield wrote a letter to Douglas demanding payment. Douglas sent back a letter stating “If you don’t redo the house with BNF nails, I will void the contract. Don’t you know I am only 17 years old? I can void the contract as a minor.” Pennfield thought Douglas looked young, but not under 21. Pennfield is puzzled and comes to your office for advice. Assume there is nothing wrong with the contract in terms of offer, acceptance, and consideration. If Pennfield sues Douglas for breach of contract, will there be any defenses or other problems with the case? Could the defenses work? If Pennfield wins, what is the award likely to be? Could Douglas cross-complain? Would Pennfield have any defenses? What if Douglas cross-complains and Pennfield loses? Discuss.

Use the following information to answer questions 16-20: Aaron owns a smoothie bar that sells three smoothies: Berry, Strawberry, and Mango.  Arif developed a Linear Program to determine the correct product mix. He included production limitations and projected maximum demand for each product. Aaron wants to maximize his profit from selling smoothies. The sensitivity analysis resulting from the LP is given below:

A company expects demand to increase by 40% during the holiday season. The analytics team of the company  recommends increasing inventory and the finance department argues that excess inventory ties up too much capital.  The sales department of the company insists that stock-outs will be harmful to business and customer loyalty.  Which department would you agree with and why? Explain what supply chain metrics support your position and what data would strength your recommendation?  

Which of the following nutrients has been identified as potentially inadequate among some GLP-1 users?