Welcome to the Module 6 Homework Assignment for BUS 230: Principles of Business Law I.This section prepares you to complete this assignment successfully. Please follow these instructions to complete and submit this assignment.You will create a document in either a .doc or .rtf format to record and save your work. If you have never created documents in an .rtf format, please visit the Academic Resource Center and click on Tutorials. You will then see a list of tutorials on the following page. Click on RTF Tutorial.Read the instructions carefully and review your work before you submit your assignment.Include a title page with this assignment. Your title page should follow standard APA formatting. Please view the .allied.edu/Pages/ViewPage.aspx?GroupID=189″>Title Page Example.When you are ready to submit the assignment, click the Start button at the bottom of the page to access the submission page and follow the instructions.Running head: [INSERT
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PART I
Directions: Please review
the questions below and write a 3-4 page essay analyzing each legal issue
presented in this weekâs modules readings.
Please apply APA format with in text citing, reference list, and
double-space. Limit your word count to
2,000 words. Please visit the Academic
Resource Center for help with APA format.
If applicable, include arguments from
each side. If a criminal case exists,
you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue
as a plaintiff and defense lawyer. Be
sure that your answers respond to the questions. Do not restate the problem in your
answer. Mention the facts where relevant to your analysis. If you
are asked for a recommendation, be sure to include one, but do not fail to
consider counterarguments. If your
answer depends upon essential information not set forth in the question, state
what that information is and how it affects your answer. If facts are missing in your argument, please
state what facts would be pertinent to each partyâs case; also list any facts
or information that could potentially damage a partyâs case.
Read the questions carefully and attempt
to answer each directly. Clear,
well-organized, and concise writing will be rewarded. If there are ambiguities in the questions,
discuss the ambiguity and how it impacts your answer. You may consult your text, lecture notes, or
outlines that you have personally prepared.
Submit your responses to
the following:
1. A lessee is a tenant and a renter of
goods. Have you ever leased
anything? What rights or duties would
you have when leasing?
2. A merchant is one regularly dealing in the
sale of goods or having specialized knowledge of goods. How important is a merchant under the Uniform
Commercial Code?
3. Course of performance is a way in which a
particular transaction has been carried out.
What would an example of course of performance be?
4. Sale is a contract that transfers title in
goods from seller to buyer for a price.
What have you seen a sale of lately?
How important are contracts in the sales area?
5. Usage of trade is a standard custom or widely
accepted practice in a particular occupation that can be applied to a
dispute. What would a usage of trade or
standard custom be in your field or workplace?
6. The bill of sale is a written proof of
ownership of goods. Have you ever used a
bill of sale? How important is it if a
case goes to trial?
7. Identified goods are exact goods being sold
that have been decided on by seller and buyer.
If you ordered a product online but the seller sent the wrong item, how
could you prove that the identified goods are the incorrect ones sent to you?
8. Fungible goods are a unit equivalent of any
other unit. Provide an example of
fungible goods.
9. Contract to sell is a sale in which title to
goods passes from seller to buyer at a future time. What can you contract to sell when dealing
with property?
10. Assume that
seller A sends B, the buyer, a form offering to sell certain goods. B returns a form accepting the offer. The two forms do not agree on every point. Do A and B have a contract under Article
2? Why or why not?
11. Cole, a
retail auto parts dealer, needed some parts quickly. He sent a telegram to Veterans Wholesale Auto
Parts, requesting that the necessary parts be sent immediately. Two days later, Cole followed up with a
telephone call to Veterans. Five weeks
later, the parts arrived, but Cole rejected them, claiming that they arrived
too late. Cole had made other
arrangements. Veterans sued Cole for
breach of contract. Was Cole liable for
breach of contract?
12. Bell,
purchasing agent for the Hiram Paint Company, mailed a purchase order to the
ABC Can Company requesting 50,000 new paint cans. The order form contained, among other things,
a condition stating, âThe buyer may reject any defective goods within twenty
days of delivery.â The ABC Can Company
sent a return letter confirming the order.
The letter contained a condition stating, âAn objection to goods shipped
must be made in writing within five days of receipt of the goods.â On the eighth day after receipt of the
shipment of cans, Bell filed an objection to 5,000 cans he stated were
defective. Is this objection legally
valid?
13. Johnson
purchased a television set on thirty daysâ credit from Martinson and Kelly TV
sales and Service Center. While filling
out the credit application, Johnson made false statements about his credit
rating. Shortly after the purchase was
made, Johnson moved to another city without paying for the TV set. Before moving, however, he sold the TV set to
Carvel, who knew nothing of the fraudulent transaction. Martinson and Kelly traced the sale of the TV
to Carvel and demanded the return of the set.
May Martinson and Kelly legally recover the TV set from Carvel?
PART
II
Module 6 Journal
Assignment
Directions: Why do you suppose the UCC does not cover the
sale of services? How are contracts for the
sale of services analyzed by courts?
Please apply APA format with in text citing, reference list, and
double-space. Limit your word count to
400 words. Please visit the Academic
Resource Center for help with APA format.