Profissional in Law 2 discussions and 2 assignments

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timer Asked: Oct 20th, 2018
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Question Description

resource

chapter 19

Discussion 1

Introduction
Contract Enforceability

Schreiner, a cotton farmer, agreed over the telephone to sell 150 bales of cotton to Loeb & Co. Schreiner had sold cotton to Loeb & Co. for the past five years. Written confirmation of the date, parties, price, and conditions was mailed to Schreiner, who did not respond to the confirmation in any way. Four months later, when the price of cotton had doubled, Loeb & Co. sought to enforce the contract. Schreiner argues that he is not a merchant.


Initial Post
Respond to the following:

  • Is the contract enforceable?
  • Why does Schreiner argue that he is not a merchant?
  • Does the four month time span affect the contract’s enforceability?

Secondary Posts
Do you agree with the posting of your peers? If not, why not? If so, did they provide additional support you may not have previously considered? Did you gain any new learning from reading the posts of your peers? Were you swayed in any way to alter your initial opinion?

Writing Requirements

  • Initial Post Length: minimum of 250 words
  • Secondary Post Length: minimum of 200 words per post
  • Using APA format, provide at least one citation with corresponding references page and use appropriate in-text citation(s) referring to the academic concept for the initial post.

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Resources
chapter 19

Discussion 2

Introduction
Taking Sides

Terminal Grain Corporation brought an action against Glen Freeman, a farmer, to recover damages for breach of an oral contract to deliver grain. According to Terminal Grain, Freeman orally agreed to two sales of wheat to Terminal Grain of four thousand bushels each at $6.21 a bushel and $6.41 a bushel, respectively. Dwayne Maher, merchandising manager of Terminal Grain, sent two written confirmations of the agreements to Freeman. Freeman never made any written objections to the confirmations. After the first transaction had occurred, the price of wheat rose to between $6.75 and $6.80 per bushel, and Freeman refused to deliver the remaining four thousand bushels at the agreed upon price. Freeman denies entering into any agreement to sell the second four thousand bushels of wheat to Terminal Grain, but admits that he received the two written confirmations sent by Maher.

Initial Post
Respond to the following:

  • What arguments support considering Freeman to be a merchant who is bound by the written confirmations? -OR-
  • What arguments support considering Freeman not to be a merchant seller and thus not bound by the written conformations?
  • In your opinion, who would prevail?

Secondary Posts
Do you agree with the posting of your peers? If not, why not? If so, did they provide additional support you may not have previously considered? Did you gain any new learning from reading the posts of your peers? Were you swayed in any way to alter your initial opinion?

Writing Requirements

  • Initial Post Length: minimum of 250 words
  • Secondary Post Length: minimum of 200 words per post
  • Using APA format, provide at least one citation with corresponding references page and use appropriate in-text citation(s) referring to the academic concept for the initial post.

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ASSIGNMENT !

  • Page 342 Commerce & Industry Company v. Bayer Corp
  • File (PDF): Presentation (Cengage 13e) – Chapter 19 (in Course Documents)

Activity Instructions
Your assignment is to provide a briefing for this case. A brief is usually written by a researcher or a paralegal to the attorney who is preparing for trial or writing a case brief. Your job then is to explain what the case you have researched is about. Copying and pasting the case will not work since the attorney will tell you that he or she can then just read the case and not use your services. For this assignment, you will need to summarize the decision of the court where the court applies the law to the facts to support and arrive at its decision. Your brief will have the following components of Case, Facts, Issue, Holding and Rule. Once those details are in you will then move to the application or analysis. Use the following detail points as your form your briefing:

1. Case: Put the name of the case here along with the case citation. The citation will look something like 31 Ohio App. 456 (1978). That indicates the case can be found in volume 31 of Ohio Appeals, page 456. The case was decided in 1978. There may be some variation whether it is a federal case or another state.
2. Facts: Put the facts of the case here so that the reader has a good understanding about the case. The reader that you are writing the brief to may have something in mind that has not been told to you. Therefore, all that is pertinent to the facts should be included. Make sure that it is a summary and not a cut and paste from the actual case. Part of the facts includes the claims of the parties and the decision of the lower court.
3. Issue: At times, the issue or issues will be specifically spelled out in the case. Other times, you may have to search for the issue. The issue is usually written with the word “whether” in the beginning. Such as, “Whether, the lower court’s decision granting summary judgment to the defendant is supported by the evidence that plaintiff failed to prove the element of a meeting of the minds between the parties.”
4. Holding: This is the decision of the court that wrote the decision that you are briefing. Typically, the holding is a short statement: “The court affirmed the lower court’s decision of summary judgment for the defendant”.
5. Rule: All cases are determined upon the facts, the law and how the law is applied to the facts. We started with the facts above. This section here should set forth only the law that the court uses in making its decision.

Application or Analysis: This is the section where you summarize the decision of the court where the court applies the law to the facts to support and arrive at its decision.

Dissent and/or Concurrence: Omit either of these. Most if not all the cases do not have either one. If there is a dissent, it will be recorded as a dissent and written by another justice disagreeing with the majority decision. I am not that interested in seeing it in your brief.

Writing Requirements (APA format)

  • 2 pages (approx. 300 words per page), not including title page or references page
  • 1-inch margins
  • Double spaced
  • 12-point Times New Roman font
  • You must use at least two in-text citations with corresponding outside sources (references) in your paper
  • References page

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ASSIGNMENT 2

Resources
Read/review the following resources for this activity:

Introduction
Business Start-Up
By the end of the semester you should have learned the basics (legally speaking) to starting a business. Each week we will focus on one step in this process. Let's use the scenario below to get started:

You are an entrepreneur and you desire to start a new business selling wine wholesale to retail establishments. Since you do not have the expertise in wine, you believe that it is best to purchase a franchise from Maumee Valley Wines, Inc., a franchisor of California wines. Maumee Valley values its franchisees and insists that each franchisee sell only its product and report on a periodic basis franchisee's sales and inventory. Maumee Valley also requires that the franchisee prepare contracts, develop a relationship with a banking institution, develop a sales force and establish itself as either a corporation or a limited liability company before entering into a franchise agreement.

Activity Instructions
Your first duty is to draft a form sales contract between your company, Wholesale Wine, LLC, and your customers.

Writing Requirements (APA format)

  • 2-3 pages (approx. 300 words per page), not including title page or references page
  • 1-inch margins
  • Double spaced
  • 12-point Times New Roman font
  • Title page with topic and name of student
  • You must use at least two in-text citations with corresponding outside sources (references) in your paper
  • References page

Unformatted Attachment Preview

Chapter 19 Introduction to Sales and Leases © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. TOPICS COVERED IN CHAPTER 19: INTRODUCTION TO SALES & LEASES I. Nature of Sales and Leases A. Definitions B. Fundamental Principles of Article 2 and 2A © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2 TOPICS COVERED IN CHAPTER 19: INTRODUCTION TO SALES & LEASES II. Formation of a Sales and Lease Contracts A. Manifestation of Mutual Assent B. Consideration C. Form of the Contract © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3 DEFINITIONS ▪ Goods – movable personal property. ▪ Sale – transfer of title to goods from seller to buyer for a price. ▪ Lease – a transfer of right to possession and use of goods in return for consideration.  © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4 DEFINITIONS ▪ Lease • Consumer Leases – by merchant to an individual for personal, family, or household purposes, less than $25,000. • Finance Leases – special type generally involving three parties: the lessor, the supplier, and the lessee. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5 GOVERNING LAW ▪ Sales Transactions • Governed by Article 2 of the Code, but where general contract law has not been specifically modified by the Code, general contract law continues to apply.  © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6 GOVERNING LAW ▪ Lease Transactions • Governed by Article 2A of the Code, but where general contract law has not been specifically modified by the Code, general contract law continues to apply. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7 GOVERNING LAW ▪ Transactions outside the Code • General contract law governs service contracts, employment contracts, insurance contracts, contracts involving real property, and contracts for the sale of intangibles. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8 FUNDAMENTAL PRINCIPLES OF ARTICLE 2 AND ARTICLE 2A ▪ Good Faith • The UCC requires all sales and lease contracts to be performed in good faith, which means honesty in fact in the conduct or transaction concerned. • In the case of a merchant, it also includes the observance of reasonable commercial standards. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9 FUNDAMENTAL PRINCIPLES OF ARTICLE 2 AND ARTICLE 2A ▪ Unconscionability – a court may refuse to enforce an unconscionable contract or any part of a contract found to be unconscionable. • Procedural Unconscionability – unfairness of the bargaining process. • Substantive Unconscionability – oppressive or grossly unfair contractual provisions. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10 FUNDAMENTAL PRINCIPLES OF ARTICLE 2 AND ARTICLE 2A ▪ Expansion of Commercial Practices • Course of Dealing – previous conduct between parties establishing a common basis to interpret agreement. • Usage of Trade – a practice or method of dealing regularly observed and followed in a place, vocation, or trade. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11 FUNDAMENTAL PRINCIPLES OF ARTICLE 2 AND ARTICLE 2A ▪ Sales By and Between Merchants • UCC has special rules for transactions between merchants or transactions involving a merchant (dealer in goods, or who holds himself out with special knowledge or skills). © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12 FUNDAMENTAL PRINCIPLES OF ARTICLE 2 AND ARTICLE 2A ▪ Liberal Administration of Remedies • Code provides various remedies to place the injured party in a position as good as the one she would have held, had the defaulting party fully performed. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13 FUNDAMENTAL PRINCIPLES OF ARTICLE 2 AND ARTICLE 2A ▪ Freedom of Contract – most provisions of the Code may be varied by agreement. ▪ Validation and Preservation of Sales Contract – the Code reduces formal requisites to the bare minimum and attempts to preserve agreements whenever the parties manifest an intention to enter into a contract. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14 MANIFESTATION OF MUTUAL ASSENT ▪ Definiteness of an Offer • A sales or lease contract does not fail for indefiniteness even though one or more terms may have been omitted. • Open Price • Open Quantity – requirement and output contracts. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 15 MANIFESTATION OF MUTUAL ASSENT ▪ Irrevocable Offer • Option – a contract to hold open an offer. • Firm Offer – a signed writing by a merchant to hold open an offer for the purchase or sale of goods for a maximum of three months. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16 MANIFESTATION OF MUTUAL ASSENT ▪ Variant Acceptances • UCC modifies the common law “mirror image” rule. • Battle of the Forms • Additional Terms: If both parties merchants, proposed terms become part of contract if they do not materially change contract, and if no objection. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 17 MANIFESTATION OF MUTUAL ASSENT ▪ Variant Acceptances • Battle of the Forms • Different Terms: proposed by offeree do not become part of contract unless specifically accepted by offeror. • If terms cancel each other out, majority of courts look to UCC for missing terms. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 18 BATTLE OF THE FORMS © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 19 MANIFESTATION OF MUTUAL ASSENT ▪ Manner of Acceptance • Offeror determines how the offer will be accepted. • An offer can be accepted upon dispatch by offeree. • An offer can be accepted by shipment. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 20 MANIFESTATION OF MUTUAL ASSENT ▪ Auctions • Without Reserve – auctioneer may not withdraw the good unless no bid is made within a reasonable time. • With Reserve – auctioneer may withdraw goods at any time until completion. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 21 CONSIDERATION ▪ Contractual Modifications – the Code provides that a contract for the sale or lease of goods may be modified without new consideration if the modification is made in good faith. ▪ Firm Offers – are not revocable for lack of consideration. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 22 FORM OF THE CONTRACT ▪ Statute of Frauds • Sale of goods costing $500 or more (or lease of goods for $1,000 or more) must be evidenced by a signed writing or electronic record (UETA or E-SIGN) to be enforceable.  © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 23 FORM OF THE CONTRACT ▪ Statute of Frauds • Modification of Contracts – must be in writing if the resulting contract within the statute of frauds. On the other hand, if resulting contract is outside the statute of frauds, oral is enforceable.  © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 24 FORM OF THE CONTRACT ▪ Statute of Frauds • Writing(s) or Record – code requires a writing or record: • (1) Sufficient to indicate a contract has been formed, • (2) Signed by party against whom enforcement is sought, and • (3) That includes quantity of goods. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 25 FORM OF THE CONTRACT ▪ Statute of Frauds Writing Exceptions • Other party admits contract made • Specially manufactured goods • Delivery and acceptance of goods • Payment and acceptance of goods © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 26 FORM OF THE CONTRACT ▪ Parol Evidence • Terms may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement. • Unless terms explain course of dealing, usage of trade, course of performance, or consistent additional evidence. © 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 27 ...
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Tutor Answer

EinsteintheProf
School: UC Berkeley

Hello, review the attached document and contact me in case you need any changes. Otherwise, good luck in your study and if you need any further help in your assignments, please let me know. Always invite me to answer your questions.

SURNAME1
Law 2
Institution Affiliation
Instructor’s Name
Student’s Name
Course Code
Date

SURNAME2
Law 2
Discussion 1
No, this contract is not enforceable by the law, this is because there was not written a
form of agreement from the farmer as needed by the statues of fraud. Schreiner argues that he is
not a merchant because of the following. A merchant is a person who must be a supplier in a
good, who by his profession hold himself out as having information or skill atypical to the
merchandises or practices involved, who employs an agent or broker. The agent is taken as a
representative of the principal and hence have all the needed skills and knowledge about the
goods. In this case, Schreiner is just a farmer, and a farmer does not exclusively by his
occupation embrace himself out as a merchant by profession. This means that he is just a farmer
and not a merchant. Therefore, the contract to be enforced by the law, there must be a legal
agreement through writing and signed by Schreiner according to the statute of frauds. Hence the
contract cannot be enforced what so ever (Mann & Roberts, 2012).
The four-month time span affected the enforcement of the contract also. This is because
for a contract to be enforceable the contracting parties have to communicate within a reasonable
time frame. The fact that the farmer did not respond for four months could have meant that he
was not interested. However, silence in law does not mean that one has accepted or refused a
deal except in the case wherein the past the party was silent, and then they honored the
agreement.

SURNAME3
References
Mann, R., & Roberts, B. (2012). Essentials of business law and the legal environment. Nelson Education.


SURNAME1
Law 2
Institution Affiliation
Instructor’s Name
Student’s Name
Course Code
Date

SURNAME2
Law 2
Discussion 2
The argument that supports considering Freeman to be a merchant who is bound by the
written confirmation is that a seller does not have to be on equal levels of expertise to be
regarded as a merchant. In this case, Freeman is not just a small seller as he has good knowledge
in the selling of grains business hence he has the peculiar knowledge about the selling of grains.
In addition, Freeman ...

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Anonymous
Thanks, good work

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