There are scenarios and you have to use key business law terms in the essay. There are 5 questions so no more than a page for each question, but it’s up to u depending on the answer to the question. The book we use in class is Business Law Today by Miller and Jentz. there doesn’t have to be citations or sources. Also when you give an analysis to the question you must give a reason why as to why chose your answer.
For each of the questions listed below, prepare a detailed written analysis of all of the issues raised by the question, and the likely result.
1. Mary owns a bakery shop, and orders two ovens for her business over the telephone from Black Corporation, a retail store that sells appliances to commercial businesses. Mary and Black Corporation orally agree that the ovens will be delivered in three weeks, and that Mary will pay for them when they are delivered. The next day, Black Corp faxes Mary a signed invoice, confirming the terms of the order. Two weeks later, before the ovens are delivered, Mary learns she can obtain the same ovens from another company at a much lower price, and contacts Black Corporation to cancel her order. If Black Corporation brings a legal action against Mary for breach of contract, will the contract be enforceable against Mary?
2. Assume instead that Black Corporation and Mary sign a written contract for the sale of the ovens. After the contract is signed, Black Corporation learns that the ovens are no longer being made by the manufacturer, and that the ovens are not available from any other source. Black Corp immediately notifies Mary that it will not be able to fulfill her order. Because Mary will lose a significant amount of profits if the ovens are not delivered on time, she sues Black Corporation for breach of contract. If Black Corp raises the doctrine of commercial impracticability as a defense, will this defense prevent it from being held liable for damages?
3. Assume in Example 2 that Black Corp did have two of the ovens ordered by Mary left in stock. However, the two ovens had already been purchased by another customer, John, for his business, but John is out of the country on a business trip, and asked Black Corp to hold on to the ovens until his return. The salesman working with Mary did not know that John had already purchased the ovens, and had the ovens delivered to Mary’s bakery. Shortly after the ovens are delivered, Black Corp realizes its mistake, and calls Mary to ask for the return of the ovens so it can give them to John. The ovens are not available from any other source. Does Mary have to return the ovens? What are John’s rights with respect to the ovens? What legal consequences may Black Corp face as a result of its mistake?
4. One day, after delivery of the ovens, Mary is baking bread in the ovens. The door of one of the ovens becomes detached when she opens it, and Mary’s hands are badly burned. As a result, she is unable to work for several months. Mary later learns that the hinge mechanism on the door had been improperly installed. If Mary brings a product liability suit against Black Corporation and the manufacturer of the ovens for damages, under what legal principles and doctrines may Mary recover, and what types of damages would be available?
5. Mary orders an office software program online from White Corporation, which is in the business of developing and marketing business software. The program purchased by Mary is supposed to help small business owners in organizing their business records and controlling their inventory. On White Corporation’s website is a link to its terms and conditions, which include a provision limiting its liability for any defects in its software to just replacement of the software involved. The same limitation is printed on the envelopes containing the software disks that Mary receives from White Corporation. The envelopes also state: “By using this product, you agree to this limitation of liability.” In reliance on the software’s calculations, Mary orders substantially more milk, butter, eggs, fruit and other perishable products for the bakery than she can use, and the excess is thrown away, causing her to lose a significant amount of money. It is then discovered that the software is defective, which caused the calculations to be incorrect. If Mary sues White Corporation for the losses she suffered, is she likely to be successful in recovering damages?
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