Do My Homework | Business Law5.2

>Law homework help

Business Law5.2

 
Sally calls about an urgent issue with her catering company contract with the federal government. Her usual supplier was hospitalized and could not ship her weekly order to service her military accounts. General Messhall told Sally to contact a different supplier to fill the order. Sally faxed her standard pre-printed order form to the new supplier for $17,642.54 worth of goods. The order form contained the foodstuff, quantity, payment terms, the amount listed on the front, and the usual boilerplate terms on the back. Within two days, Sally received the order from the substitute supplier. The supplier also sent his pre-printed invoice form with the supply delivered on the front and different boilerplate terms than Sally’s invoice on the back that also contained a payment term penalty. Jack’s business form included a price of $20,642.54, a three-thousand-dollar price increase over Sally’s invoice. When Sally received the goods the next day, she immediately put them in cold storage. That same day Sally received a call from someone who identified himself as “Jack, the Substitute Supplier.” Jack stated, “Hey! This is Jack, the Substitute Supplier. I want to inform you that your payment for the shipment is overdue, and because you’re late, the rate is an additional $3,000 per day plus the base price.” Sally said Jack told her to review his invoice which stated that a penalty of $3,000 per 12 hours default nonpayment surcharge attaches for late payments.
Sally retorts, “Yeah, well, I don’t accept.” She instantly retrieved his invoice, read the terms on the back of the invoice, and realized that the supplier’s form had payment terms demanding payment for delivery of goods within 12 hours of delivery. That calculated out to be $6,000 over her regular invoice price and another $3,000 due in 12 hours. Sally noted that her form had a different term for payment that gave her 30 days net payment. Jack, the substitute supplier, told Sally before hanging up that if he doesn’t receive his cash, plus any penalties due, Jack would immediately file a lawsuit for breach of the terms of his delivery order.
Sally retrieves her form and compares the two order forms side by side. She notes a substantial difference in the boilerplate terms but notes other conditions are similar but noticeably different enough to make the effect substantially unfavorable to her. Jack’s form matched the goods requested, listed the correct quantity, and the delivery terms were the same as her form required. Jack’s standard terms (often called “boilerplate”) were utterly unreasonable and one-sided, not matching hers at all. He had the right to substitute non-conforming goods and did not warrant the quality of the products. Jack’s PO stated that if a dispute arose between the PO’s terms, the merchants must pursue resolution through Alternative Dispute Resolution (ADR), mandated arbitration. Jack’s PO also stated that if the dispute involved interpreting a price term, Jack could sue in Federal Court in his state based on Diversity of Citizenship. Since the issue involved pricing, Jack could file a suit immediately.
Between merchants, it is customary to use purchase and acceptance order forms for commercial transactions involving the sale of goods without a negotiated signed contract. PO’s are standard printed forms that contain boilerplate terms and a few essential terms directed at commercial goods. They are fast and easy to use and designed to cover essential information and requirements of merchants. Contracts take time, and the process does not always result in an agreement, nor are contracts completed on time once the lawyers are involved. With merchants, time is of the essence; they need it now! While written by a lawyer, purchase orders do not have transactional legal oversight, especially when crossing PO’s, one from merchant buyer and one from merchant seller. As a result, the merchants don’t end up with signed contracts. The question is, at what point is a contract formed, if at all, and what are the terms? PO disputes continuously end up in litigation. These cases are very fact-specific, resulting in the specific transaction in question. The ultimate issue with competing PO forms with different essential terms is what’s enforceable considering the content of both forms.

 
Sally believes she is in the right because it was her order and invoice. She states she never agreed to the terms of his invoice nor accepted the goods. It appears Jack has agreed to her terms because he sent the supplies. His demands are troubling because he added unacceptable pricing terms.
Based on Sally’s information, prepare an IRAC formatted response outlining the issues and answering the questions below within the IRAC analysis form (DOCX
analysis form (DOCX).

What are the elements needed to form a contract?

Is an agreement to meet in the park at noon enforceable? Why? Why not?
What is a Purchase Order?
How would you characterize the terms of a Purchase Order?

Is there a difference between a purchase order (invoice) and a contract? If so, compare the two instruments and outline the difference between the two. Please outline the advantages and disadvantages of each.
Are purchase orders controlled under contract law or the Uniform Commercial Code (UCC), or both?
How many transactions are there under the UCC case study facts, one or two? Explain?
How or when is an enforceable agreement formed in contract negotiations? At what point, with a purchase order (invoices), is an enforceable agreement established under the UCC? Is there a binding agreement in the Sally/Jack case? Why or why not?
What facts are in Sally’s favor of canceling the order? List them supported by the facts and the applicable statutory sections.
What facts are in Jack’s favor in enforcing payment? What sections of the UCC support Jack’s arguments?
In contract law, you must have a “meeting of the minds” as part of an enforceable agreement. Another element requires that the acceptance must match the offer. What is this contract rule called?
Common law contracts require that acceptance must not add or change any terms of the offer. What is it called when an acceptance of an offer changes terms of the offer?
In the Sally/Jack case, is there a “meeting of the minds” under the UCC when the merchants use invoices that differ in terms? Explain why or why not. What UCC sections support your answer? List the code sections and summarize applicable parts.
Have Sally and Jack formed a contract under the facts? If so, what terms are enforceable, and what UCC sections support your answers? How should this dispute be resolved?
Which facts and code sections would support the position that Sally did not accept the goods? List the facts and summarize the applicable code sections.

Hire an expert writer to create a solution for your assignment

We have more than 200 experts available to write your paper. Our team of experienced writers is here to assist with your academics and make sure that you don’t miss any deadlines or assignments.

Use GATEWAY20 to get a 20% discount on all papers.

Why students choose our experts for homework help, assignments, and coursework

Here are some Benefits of ordering a solution to this homework from us:

p

Full and Instant Money back guarantee

Free proof-reading and editing

Timely delivery

Cheapest homework help writing service

Z

Best custom writing service in US, UK, Australia, and China

100% Reliability and Trust. Satisfaction and Value for money guaranteed.

Solutions with Zero-Plagiarism

Our professional writers will create an original solution for your homework written from scratch. A plagiarism report of your homework is also available.

Free Unlimited Revisions

Our experts will revise your paper until you are satisfied with the final delivery.

24|7 Priority Support

You can communicate with us at any given moment.

Professional Writers and Research Experts

Our team consists of determined, disciplined and ambitious experts with competitive degrees from top Universities from across the world.

Thorough research to complete your assignment

A good research into your paper improves its credibility, gives it higher ranking, and makes your argument solid. That is why our team consists of research experts to guide and work with the writers in preparing your papers.

Testimonials – What other students say about our homework help services

★★★★★

Your writers are very good. Perfect communication throughout. Thanks a lot

Hashami

University Student, Cross-cultural economics analytical paper

★★★★★

The writing skills used to write my essay is just lovely. cheers mate

Jake

Undergraduate Student, Management essay

★★★★★

Great!! My instructor loved it. Thanks to your team

Ela

College Student, Transformational leadership essay

★★★★★

Thank you for your assistance. I’m currently waiting for my grade.

Graves

College Student, Internal competitiveness research paper

★★★★★

That was fast. Thought we would miss the deadline. I have another for next week.

Klein

Masters, psychological term paper

★★★★★

Just what I needed. I’ll need your services in preppin’ my dissertation.

Juan Lee

Phd Student, Comparative analysis

Questions Recently Solved by Our Experts

Do My Homework | Assignment 9 Criminal Behavior Systems

Assignment 9 Criminal Behavior Systems Chapter 9 (Public Order Crimes) Points Possible: 20 Deliverable Length: 3-4 pages Due: Saturday, October 22 by 11:55 pm 1.  List and summarize the legal classification scheme used by the UCR to define public order offenses. 2. ...

read more

How it works: How do we get your homework done?

Our online writing service considers the time factor in working on your request for assignment writing help. We provide a user-friendly platform where in just a few clicks, your homework will be in the hands of an expert, and back to you as soon as you need it. The following are the steps your assignment goes through:

1. Access our Interactive Order Panel

The first step is to click the Do My Homework. Instantly, you are directed to our interactive Order Panel. The Order Panel is an interactive application that allows you to place and track  orders for your assignment, and helps our writers to connect with you and work on different orders.

d

2. Provide instructions for your essay

Fill in the New Order Form to specify the details of your homework. Here you provide the instructions such as the number of pages, deadline, number of required sources, and also attach any files that can help us complete your assignment in a flawless way. Provide as much information as you can on your order. The price for your essay is automatically calculated as you fill in the details of your order.

3. Selecting an Expert Essay Writer for your essay

After successfully placing an order and securing payment, the order is matched to a writer with the skills and knowledge required to complete the essay. Here we hand-pick the expert with the top skills in your subject/discipline to complete your homework. The Writer starts to work on the paper and provides updates as they progress.

4. Receive your completed assignment from our Quality Assurance team

After the paper is completed by the expert hand-picked to write your essay, the quality assurance team reviews and proof-read it for relevance to answering your instructions and errors in writing. After it meets all the requirements, the essay is submitted to your account through the order panel and we send you an email notification. If you want, we can send the completed file to your email as an attachment. You receive the order and you go through it to make sure it meets your requirements. In case you need revisions, let us know and we will work on it immediately.

In the last step, you may provide feedback and possibly order another assignment. Once you are satisfied with the paper, give us feedback on your experience with our service by rating the writer. The feedback helps other students checking out for similar services to know that we provide the best essay writing services and homework help solutions.

Frequently Asked Questions

Is this service Legit?

Paper Research consists a group of writers brought together by the desire to help students achieve more in essay writing. Our Writers are experts in tutoring, research, and writing activities. We have worked with over 5,000 students pursuing college, undergraduate, Masters, and Ph.D. degrees. Our Services are Trusted and Verified.

Will My Paper have plagiarism?

No. Absolutely Not. All our Papers are Original and are written by our experts from scratch. To be sure, you can request a plagiarism report when placing an order.

How Fast can you deliver my paper?

Any duration you select when choosing a deadline for the paper. The number of hours could be 3 hours to 24 hours to 2 days, a month, or any other duration.

For short assignments ranging between 1 page and 3 pages(100 – 1000 words), we can have them delivered in 1 hour.

Can I get a professional writer to write my essay?

Absolutely Yes. If you are looking for the most reliable and executive essay writing service, you are in the right place.

Our Service is a program dedicated to improving student’s achievement in essay writing assignments. In our company, professional tutors and expert writers work together to create original solutions to help students complete their assignments.

Our essay writing service is the most reliable writing help online. Our writers are former students and researchers in leading institutions across the world.

Our founder, Frank, is a legend writer and educator who has contributed significantly to improving the performance of thousands of students.

The goal of paperresearch.com is to lead in changing the learning process by allowing students to access unlimited resources in writing their essays.

How Much will it Cost?

Our Rates start at $10 per page (275 words). Plus:

  • Free First Page
  • Free Reference Page
  • Free Unlimited Revisions
Can I get a Discount for my first paper?

Ofcos. Use the discount code “GATEWAY20” at checkout to get a 20% discount off on all essays you order.

Do I get a refund if I am not satisfied with the paper?

Yes. Anytime you establish that Our Services did not help you meet your desired outcome, you are entitled to a Full Refund. Read our refund policy to learn more.

'One More Question'?

Chat with a live agent on the floating chat. Frank is online now.

Get a Plagiarism-free paper Today

Order an essay, term paper, research paper, or any other assignment and get an expert to work on it. Use GATEWAY20 to get a 20% discount on all papers.

Alternatively, Check Out the FIVE STEPS in writing an essay