Question: There are two separate fact patterns that I'm having trouble with creating the issue and analysis in an IRAC format Fact Pattern #1 UCC Article
There are two separate fact patterns that I'm having trouble with creating the issue and analysis in an IRAC format
Fact Pattern #1
UCC Article 2: Merchant Firm Offer, No Consideration
Issue 1:
Rule 1: When: (i) a merchant; (ii) makes a firm offer; (iii) in writing; (iv) to buy or sell goods, then the offer is valid without consideration so long as: (x) it is signed by the offeror; (y) it indicates a duration not exceeding three months for which it will be held open; and (z) if the duration is missing the offer will be held open for a reasonable time not to exceed three months.
Analysis 1:
Conclusion 1: Since Carla's offer did not include a duration, then the $8.00/dozen price is no longer enforceable AND Carla may increase her price to $8.75/ dozen.
Fact Pattern #2
UCC Article 2: Risk of Loss, Shipment Contract
Issue 2:
Rule 2: When the shipping term F.O.B. (free on board) place of shipment (e.g., a shipment contract), then the seller must: (i) bear the expense and risk of placing the goods into the possession of the carrier, at which point the risk of loss shifts to the buyer; (ii) tender to the buyer documents, if any, needed to take possession; and (iii) promptly notify the buyer of the shipment.
Analysis 1:
Conclusion 1: When the trucking company picked up the tableware from RSD, then risk of loss in shipment transferred to Bob AND Bob must pay for a second truckload of tableware.
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