question and answer

1. Does the UCC treat merchants more fair or less fair than that of traditional contract law?

Give an example of how the UCC may differ from the common law of contracts to support your opinion.

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2. One unusual feature of the UCC is the so-called “battle of forms” concept, under which additional terms from the forms used by the merchants involved become part of their contract unless there is an objection on a timely basis. Read the attached opinion in J.W.S. Delavau, Inc. v. Eastern America Transport & Warehousing, Inc., which is from a Philadelphia case. What is your view of the decision that was reached by the court?

3. Read the BELOW attached opinion by a federal district court judge in Pennsylvania relating to a destination contract under the UCC. Essentially, the seller shipped the machine to the buyer using a trucking company. While in transit, the machine fell from the trailer and was destroyed. The court ruled that the UCC allocated risk of loss to the buyer.

Do you agree with the Court’s decision. Why? (must be 150 words)

4. What (if any) topics did you struggle with? Describe how/why? ( I struggled with innovation process ‘must be 75 words )

2. Which of the unit topics do you feel will be the most helpful as a business person? Explain ( I chose creativity must be 75 words )

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