Chapter $9$ Homework

ACFI $305$ Business Law I Bridgewater State University

Instructor Jeffrey Isaacson, $(781)936-8890,$ jisaacson@bridgew.edu

For each of the following three case problems prepare a typed four paragraph response including the following:

$1.$ Highlight the pertinent facts;

$2.$ Identify the issue of law posed by the case problem. This will be in the form of a question based on a legal concept from the chapter.

Does the Uniform Commercial Code $($UCC$)$ apply to the contract between Colorado Carpet Installation, Inc. and the Palermos?

$3.$ What should be the decision in the case? $($i$.$e$.$ the answer to the issue$).$

Yes, the Uniform Commercial Code applies to the contract between Colorado Carpet Installation, Inc. and the Palermos.

$4.$ The reasoning for such decision.

$1.$ Jack Duran, president of Colorado Carpet Installation, Inc. began negotiations with Fred and Zuma Palermo for the sale and installation of carpeting, carpet padding, tile, and vinyl floor covering in their home. Duran drew up a written proposal that referred to Colorado Carpet as $$the seller$$ and to the Palermos as the $$customer$.$ The proposal listed the quantity, unit cost, and total price of each item to be installed. The total price of the job was $$4,777,75.$ Although labor was expressly included in this figure, Duran estimated the total labor cost at $$926.$ Mrs$.$ Palermo in writing accepted Duran$$s written proposal soon after he submitted it to her. After Colorado Carpet delivered the tile to the Palermo home, however, Mrs$.$ Palermo had a disagreement with Colorado Carpet$$s tile man and arranged for another contractor to perform the job. Colorado Carpet brought an action against the Palermos for breach of contract. Does the Uniform Commercial Code apply here?

$1.$ Highlight the pertinent facts;

$2.$ Identify the issue of law posed by the case problem. This will be in the form of a question based on a legal concept from the chapter.

$3.$ What should be the decision in the case? $($i$.$e$.$ the answer to the issue$).$

$4.$ The reasoning for such decision.

$2.$ Anna is about to buy a house on a hill. Prior to the purchase, she obtains a promise from Betty, the owner of the adjacent property that Betty will not build any structure that would block Ann$$s view. In reliance on this promise, Anna buys the house. Is Betty$$s promise binding? Why or why not?

$1.$ Highlight the pertinent facts;

$2.$ Identify the issue of law posed by the case problem. This will be in the form of a question based on a legal concept from the chapter.

$3.$ What should be the decision in the case? $($i$.$e$.$ the answer to the issue$).$

$4.$ The reasoning for such decision.

$3.$ Minth is the owner of the Hiawatha Supper Club, which he leased for two years to Piekarski. During the period of the lease, Pietarski contracted with Puttkammer for the resurfacing of the access and service areas of the supper club. Puttkammer performed the work satisfactorily. Minth knew about the contract and the performance of the work. The work, including labor and materials, had a reasonable value of $$2,540,$ but Puttkammer was never paid because Piekarski went bankrupt. Puttkammer brought an action against Minh to recover the amount owed to him by Piekarski. Will Puttkammer prevail? Explain.