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Bus 415 - the Grocery Paper- Analysis

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bus /415 week 4 learning team

BUS 415

The Grocery Paper- Analysis

1. Differences between UCC and Traditional Contract

This question sought the various differences between the UCC which requires merchants and goods and traditional contract law. The major difference is that the UCC is liberally applied to make commerce and trade flow unimpeded. The traditional contract rules are strict and allow for little flexibility or accommodation.

Students will utilize the readings and slides from Week 3 which detailed the major differences between the strict construction of contract law and the UCC which seeks to keep the courts out of commerce in furtherance of the Commerce Clause's intent and the desire to allow parties to contract and modify as it fits actual experience rather than void them and walk away.

In this case study, students will utilize the Contract Law approach methodology (handout in class) and then apply the incisive use of IRAC to hone in on the issues and discuss the ramifications and

consequences of the situations.

2. Masterpiece

Issue- Is Grocery able to sue Masterpiece for delegation of duties and obtain specific performance to cure the construction?

Rule- Traditional contract analysis

Equity court analysis

Analysis-

Keep in mind that it is usually acceptable for one party to a contract to assign its rights

under a contract such as payments. It is usually not allowable to delegate your duties under a contract, (these are deemed to be more personal). Therefore there must be notice and

writing to gain privity and approval from the other party prior to the attempted delegation.

This did not take place here.

Writing is required under the Statute of Frauds.

The student will analyze the mutual assent, observe that there were no bars to mutual assent and then apply the elements of the traditional contract. When the elements are applied, there will be a discussion that there was no actual contract formed due to lack of performance by Masterpiece. It will be shown that Masterpiece sought economic advantage and failed to perform its duties as it pertained to Grocery.

Pursuing a remedy in equity, Grocery will first obtain the injunction to halt all renovations by the sub contractor until the case can be heard by the court. The delegation was done because Masterpiece feared

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