You will be given 2 contracts with questions to be answered for each contract.
Contract Agreements
You will be given 2 contracts with questions to be answered for each contract. I am looking for the ability to read and comprehend the contract so the appropriate contract clause can be applied to the questions connected with each contract. In order to answer the contract fact scenario, you will also need to be able to identify the legal concept that is applicable to the situation described. This is an analysis so please treat it as such. Your personal opinion is not appropriate.
There are correct answers for each question. If a student discusses a different legal theory for answering the questions, partial points will be given. In cases of complete or partial answers, text references are mandatory to support the remedy proposed by the student.
Please remember to reference the applicable parts of the contract that you are using to answer each question.
Each question is worth 14 points. Within each question, a student will be given 2 points for the text reference, 2 points for the contract reference, 4 points for spelling/grammar, with 6 points for the analysis.
The remaining 5 points will be given as an overall score for the entire assignment.
Residential House Lease
The following question is based on the Residential House Lease found in the Contracts Module. Please reference the Lease by clause number as you answer the questions.
- Essay (1-2 complete paragraphs with text references to support your answers)
Maria, the landlord, refuses to fix a small leak in the roof that was there prior to the current tenant. Juan, the current tenant, has just discovered the leak after a heavy rain. The consequence is that black mold has been forming in the attic. Juan still has significant time remaining on his lease. Juan has notified Maria in writing of the mold and leak issue. He is concerned about the premises becoming unsafe to live in. It has been 14 days since he emailed her his notification. What are Juan’s options if Maria declines to do the repairs?
UCC Sales Contract
The following question is based on the Sales Contract found in the Contracts Module. Please reference the Sales Contract by clause number as you answer the questions. Remember, this is a contract under the UCC.
- Essay (1-2 complete paragraphs per essay with text references to support your answers)
You received non-conforming goods as a result of an ambiguity in the contract. You ordered goods thinking it was a particular product. You wanted Razor scooters and that was the original oral communication when the selling merchant was first contacted by you. You both agreed on Razor scooters. Thereafter, in phone conversations, you and the seller just talked about scooters. The seller prepared a written contract. The selling merchant shipped scooters but not Razor scooters. Upon receipt of the goods, what are your merchant options under the contract?
I’ll send you the 2 contracts just read them carefully before you start comparing between the questions when you’re writing the answers please
it’s only couple of pages won’t take that long to read it’s just because I’m sick I couldn’t do it myself.
The first clause I will discuss from the risk of loss section of the contract.
According to the text book, “Under the UCC, the question of who suffers a financial loss
if goods are damaged, destroyed, or lost is not necessarily determined by title. Who
bears the risk of loss can be determined by the parties in their contract. Who suffers the
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loss may also depend on whether the sales or lease contract has been breached at the
time of loss.” (Chapter 19-2 Risk of Loss). The most significant step for business is
making sure a contract includes the allocation of a liability and responsibility for
damaged, lost, stolen, or destroyed goods. Managing the risk of loss in the contract is
the most important step in commercial transaction because it determines the liability of
a carrier to compensate if there is a damage or loss. For example, when a buyer
demands a certain type of goods if the goods was damaged in shipping, the buyer
should not bear the risk of damage does not pass to the buyer until the goods is
delivered to the buyer. This clause the seller is bearing the entire responsibility for lost
or damaged goods during transportation. Most businesses have this clause to cover all
possible types of damages such as loss, destruction, or stolen.
The second clause is the right of inspection, this clause gives the buyer the right
to inspect the goods after arrival within a short period. According to the text book,
“Unless otherwise agreed, or for collect-on-delivery goods, the buyer or lessee has an
absolute right to inspect the goods before making payment. This right allows the buyer
or lessee to verify, before making payment, that the goods tendered or delivered
conform to the contract.” (chapter 20-2b Right of Inspection). In this clause the buyer
has the chance to examine the goods to determine if they conform to the contract or not
before payment. The buyer must inspect the goods within a short period of time. For
example, when goods are delivered to the buyer, the buyer is allowed to check the
goods and he is not obligated to pay if it’s not conform to specifications of the goods in
the contract.
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The third clause is the revocation of acceptance clause, in this clause the buyer
may withdraw his offer after it has been agreed. So, after the buyer has accepted the
goods, the buyer is allowed to refuse the acceptance if he discovers nonconformity in
the goods. According to text book, “After a buyer or lessee accepts a lot or a
commercial unit, any return of the goods must be by revocation of acceptance.”
(Chapter 20-2c Revocation of Acceptance). This clause gives the buyer the right to
revoke and refuse the delivered goods even though it has already accepted. In this case
the buyer must notify the seller that he is revoking his acceptance within a reasonable
period of time after finding the nonconformity explaining the reason of revocation of
acceptance in detail. For example, when a buyer ordered a certain type of goods, the
buyer accepts the goods. The buyer inspects the delivered goods and discovers that it
contains different descriptions. The buyer can take back his acceptance because the
goods are nonconforming.
don’t forget to read the 2 contracts carefully so you can reference from it. Thank you will depend on you
but first you have to explain a little bit like this : (this is for my friend just to take a lock at):
The contract that I will review is a sale of goods contract. This contract is
between two parties, the buyer and the seller. The first part includes both party’s full
residency information. This agreement contains nine sections and each section will
explain particular clause. As you review this contract, you will recognize that it is clear
and definitive. This contract includes legal matters that simplify commercial
transactions. According to the text book, “The primary goal of the UCC is to simplify and
streamline commercial transactions, allowing parties to form sales and lease contracts
without observing the same degree of formality used in forming other types of
contracts.” (Chapter 18 Introduction). There are three clauses in this contract, the first
clause explains the risk of loss which includes that the seller is responsible of any
casualty to the goods regardless of the cause until the time of receipt and acceptation
by the buyer. The next clause is the right of inspection when the buyer has the right to
inspect the goods as soon as possible before acceptance or payment. The last clause is
revocation of acceptance when the goods are non-conforming to the contract between
the parties.
Thank you, will keep in touch tomorrow, hope you finish before the deadline.
Answer preview………………….
Contract Agreements
Question One
I will review the residential house lease agreement which is between the tenant and the landlord. The contract contains 28 clauses, which explain the expectations and responsibilities each of the parties has to ensure that the contract remains void. Based on the case, Juan could consider the house untentable, which calls to question application of the eleventh clause of the lease agreement. In particular, the clause notes that if the house is damaged by some causality that is not the tenant’s fault, then the tenant could abate rent until the repairs are made and the……………..
APA 615 words