Sunday, November 17, 2019

Theory to Practice Essay Example | Topics and Well Written Essays - 500 words

Theory to Practice - Essay Example In the case of UCC, a contract between merchants is valid as long as it contains the quantity of the goods, the signature of the party who provides the enforcement as well as a language that would indicate that the words and meaning binds two or more parties in a reasonable contract. The UCC aims at helping the non-breaching parties in case of a breach of contract. It therefore offers the sellers a number of remedies. Basing on UCC, a contract between merchants relies on communication between the two parties, the culture of the industry in addition to the past commercial conduct between the merchants. This indicates that the past dealing between Armstrong’s manager and Bentley of GCI surely affects the analysis on their case. In their past commercial conduct, the merchants made use of the pre printed forms for the acceptance of addition terms. In their first interaction, Armstrong’s manager signed the pre printed form stating that they will take responsibility of damage before delivery and the transaction was successful at the end. Additional information in the pre printed form become part of the enforceable contract. In the case of the second encounter between Bentley and Armstrong’s manager, Armstrong’s manager signed a destination contract since it had worked effectively previously. According to UCC, under a destination contract, the buyer is liable for any damage or loss of goods until after delivery. Therefore, the analysis of the case between Armstrong and GCI will indicate that Armstrong’s company is liable since the destination contract was signed but the delivery of goods was not as expected. According to UCC, Armstrong had to complete the delivery procedure as outlin ed in the contract without any additional charges. In such a case, Armstrong Company would have breached the contract and will have to pay for the damages. This is because the manager had made a promise to GCI’s manager acknowledging the destination contract. He had promised

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