Bentley is a manager at a high-end printing company called Graphic Communications Inc. (GCI). GCI designs and produces posters and other materials for advertising purposes for a variety of clients, including a local symphony orchestra and Main Street University. After GCI received a large order from the university that required a special press, Bentley was assigned to locate a ...[Show More]
4 years ago
Please Note. I only answered Question C When did the title of the goods pass in this contract? After Main Street University (the remote buyer) and Bentley (the immediate buyer) agreed to the price and a purchase order printed. The title of the goods passed immediately Armstrong Press Manufacturing Manager signed the purchase order and faxed back to Bentley. According to (UCC sect. 2-213) the receipt of a fax has legal effect, and it will have to be affected even if no individual is aware of the script. Who has the risk of loss? Since the first part of the press was shifted to Armstrong Press Manufacturing own delivery service. And the truck used was involved in an accident. According to (UCC sect.2-322) Since the press was delivered by an “ex-ship” under such terms, the risk of loss is not passed to Main Street University until the press leaves the truck, and the property is unloaded. Therefore, Armstrong Press Manufacturing Press Manufacturing bears the risk How is the answer above related to question one? Armstrong Press Manufacturing delivery of press using its delivery service is bidding to GCI. This contract is binding because a GCI was faxed, even though, the company was not aware that Armstrong Press Manufacturing has accepted the order (UCC sect.2-213). It is also acceptable to deliver goods using any other vessel if it is not restricted (UCCsect.2-322). But this does not imply that GCI should bear the loss since the truck was involved in an accident before the press was unloaded (UCC sect.2-322). References http://www.law.cornell.edu/ucc/2/article2.htm
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