Question

In: Operations Management

Under what conditions can an injured party demand specific performance when a contract has been breached?...

Under what conditions can an injured party demand specific performance when a contract has been breached? (BUSINESS LAW)

In connection with the sale of goods, describe the issues involved with the battle of the forms and how conflicts are resolved under Article 2 of the UCC. (BUSINESS LAW)

Solutions

Expert Solution

A Thumbs Up! Would be really helpful for me. If you have any questions, please leave a comment and I will get back to you as soon as possible.

Conditions under which injured party can demand specific performance when the contract has been breached:

1. There are chances that when the contact has been breached, it is near to impossible to decide how much compensation the person should get according to the damages he would get. In this case, specific performance can be demanded.

2. Specific performance of goods can be demanded in the case of real estate, buildings, land, etc. , Where the actual value is difficult to be determined.

3. When there is no alternative remedy possible for the plaintiff to the breach of contract, specific performance can be demanded.

Issues involved with the battle of forms:

Battle of forms means conflicts that arise through forms. That means when the parties involved in the contract have pre-printed forms of their own, and both of them preprint the information related to contract differently and do not match their pre-printed form from each other. And when the performance of the contact occurs, they both do not agree on the same contract, and then the conflict arises. This is the issue involved in the battle of forms.

How conflicts are is solved under article 2 of UCC:

Under article 2 of UCC, if the party coming into a contract is the regular seller of the product, then the items having similar attributes in both the pre-printed forms would be taken into consideration and all under conflicting attributes in the form would be ignored or canceled.

If any party involved is not the regular seller or buyer of the product, then it will not be considered as a contract, it would just be a proposal or counterfeit contract.


Related Solutions

Under the UCC, when a contract for the sale of goods is breached by the seller...
Under the UCC, when a contract for the sale of goods is breached by the seller for failure to tender conforming goods to the buyer; after the buyer has had an opportunity to inspect the goods: (1) What are the buyer's options in terms of accepting or rejecting the nonconforming goods? (2) What opportunity must the seller be given if the time for performance has not expired? (3) What is deemed to have occurred if the buyer fails to reject...
Under the UCC, when a contract for the sale of goods is breached by the seller...
Under the UCC, when a contract for the sale of goods is breached by the seller for failure to tender conforming goods to the buyer; after the buyer has had an opportunity to inspect the goods: (1) What are the buyer's options in terms of accepting or rejecting the nonconforming goods? (2) What opportunity must the seller be given if the time for performance has not expired? (3) What is deemed to have occurred if the buyer fails to reject...
(in business law )When can a party terminate a contract? What are the effects of termination?...
(in business law )When can a party terminate a contract? What are the effects of termination? Are there any limits on the power of a party to terminate a contract? What are time stipulations? When will a party be able to validly terminate a contract if there is breach of a time stipulation?
what must a party prove to recover under the theory of quasi-contract?
what must a party prove to recover under the theory of quasi-contract?
What organisational policies and procedures have been breached and how? Has there been a breach of...
What organisational policies and procedures have been breached and how? Has there been a breach of duty of care towards Lenny? What are Lenny’s human rights regarding this situation? Have staff supported Lenny’s rights? If yes, how? If not, why not? What strategies need to be in place to guide staff in relation to cultural diversity issues? Give two examples. What mechanisms within the aged care sector are open to Lenny in regard to having his issues addressed?
What is contract termination? Under what circumstances can a contract be terminated? What are contract amendments?...
What is contract termination? Under what circumstances can a contract be terminated? What are contract amendments? How can a contract be amended? Please no hand-written answers.
What are specific terms and conditions you may find in a labor-management contract?
What are specific terms and conditions you may find in a labor-management contract?
1.a patient has been injured and is in need of a blood transfusion. when she arrives...
1.a patient has been injured and is in need of a blood transfusion. when she arrives at the ER, doctors determine that she has type A+ blood. what antigens are present on her erythrocytes? what antibodies are present in her blood? what blood type(s) can she receive in her blood transfusion? 2. If an agglutination reaction only occurs when an anti-B antibody is applied, then the blood type must be typed ___(A/B) ___(+/-)
Quasi contract is often used as a remedy when one party has partially performed and the...
Quasi contract is often used as a remedy when one party has partially performed and the other party refuses to pay. Select one: True False Compensatory Damages give the non breaching party the difference between the value of the promised performance and the value of the performance received. Select one: True False In a contract for a sale of goods, the usual measure of compensatory dam­ages is the difference between the contract price and the market price. Select one: True...
What is product liability? Describe what legal theories an injured party may use in proceeding with a law suit. List the elements necessary to make a valid contract.
Part 1. Please answer the following questions with a short answer. Please use complete sentences and show you understand the concept. Each question is worth 10 points. Each question should be complete with information relative to our cumulative studies thus far in the course. Each answer requires a minimum of three paragraphs. What is product liability? Describe what legal theories an injured party may use in proceeding with a law suit. List the elements necessary to make a valid contract....
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT