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Instructions

General Instructions for Learning Activities

 

Read/watch all assigned materials listed for the week in the Course Content

Cite to assigned materials in all responses in Learning Activities

Use only assigned materials to complete Learning Activities; do not use internet unless otherwise instructed

Include in-text citations and a Reference List for in-text citations

Write in correct, complete sentences, in paragraph format unless otherwise instructed

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Learning Activity: due 11:59 pm ET, Thursday

 

SUBMIT TO ASSIGNMENT FOLDER.

 

The GC owners have questions and need clarification about several contract concepts and issues related to their new business. Specifically, they have questions about:

 

Statute of Frauds “writing requirement”

Discharge of a contract

Winne and Ralph have asked you to prepare examples and explanations of these 2 areas of contract law.

 

Instructions

 

To respond to the GC groups questions and concerns, create facts scenarios and explanations to discuss with the GC owners.

 

1. Statute of Frauds – “writing” requirement

 

Background: Generally, contracts for the sale of goods must be in writing, and the writing must be signed by the parties to the agreement, and the parties must be sufficiently identified. GC will be selling goods via the internet; the owners are wondering whether these electronic contracts are valid and enforceable.

 

Hypothetical Scenario: Company X, a company in Illinois, contracted via the internet with Windows Bright, a small window washing business in Missouri to purchase 4 cases of Shiny Lite window cleaning solution at $200 per case. Company X paid via the internet with a company credit card. The contract stated that the 4 cases of Shiny Lite would be shipped to Company X’s place of business in Illinois via UPS.

 

Explain why the contract between X and Windows Bright is subject to the Statute of Frauds.

Will the internet electronic contract between X and Windows Bright satisfy the “writing” requirements for the Statute of Frauds? If so, how and why? Support your conclusion by referring to the specific UCC rule that applies.

Respond to A. and B. in paragraph format.

 

 

 

2. Discharge of a contract

 

Background: There are several reasons for which a contract can be discharged before performance under the agreement. Under common law and the UCC (Uniform Commercial Code, Section 2-615), for example, a contract may possibly be discharged because of commercial impracticability when performance could be completed only with extreme difficulty, or at unreasonable expense, or would have little practical value. Courts are relatively flexible on this matter.

 

A contract can also be discharged because of “impossibility” when, because of some unforeseen event or contingency that occurs after a contract is formed, it becomes impossible to perform the contract. Under the common law, impossibility applies to all contracts; under the UCC, impossibility applies only to contracts for the sale of goods.

 

A. Write a hypothetical fact scenario describing a contract for the sale of goods between GC and Barton Industries (a fictitious company) for which GC agrees to purchase 40 cases of floor cleaning solution from Barton’s. Write the scenario facts so that the contract should be discharged on the ground of impossibility.

 

 

 

Format Instructions

 

Respond in paragraph format.

 

Number each section as:

 

1.A.

 

1.B.

 

2.A.

 

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Write in correct, complete sentences in paragraph format.