Business Law: Breach Of Contract In Court Cases
Formation: For a contract to take place an offer has to be given to someone and he or she would have to accept it in written. The transaction in this case involves a sale of goods contract. “A contract of sale is a legal contract an exchange of goods, services or property to be exchanged from seller to buyer for an agreed upon value in money paid or the promise to pay same. It is a specific type of legal contract.’ (1)
Offer: On May 1, Joseph received a written order from Steve at the price listed in Joseph’s wholesale catalog. This offer had specified a quantity, price, flavors, text message, and delivery dates.
Acceptance: On May 5, Joseph sent Steve a written confirmation, which acknowledged the quantity, price, delivery dates, and purpose …show more content…
He is not entitled to the first shipment because then he should have not accepted the first check.
Steve counterclaims for the ruined novelty candy bars but he was negligence for not storing them on a right warehouse temperature. It was not Joseph fault than the candies melted, Steve did business like this before and he knew that candies cannot be stored in a hot temperature. We can see a duty to exercise care and skill in this situation; Steve acted unreasonable or with negligence he knew better about storing the candies in the right place.
Steve also argues breach of contract because none of the candy bars confirmed to the type that he specified in his order but he cannot win this because it was one his responsibility to check and inspect the delivery and not to accept them if he discovered that they were not the same flavor. He should of call Joseph to tell him he could not accept them and sent them
Offer: On May 1, Joseph received a written order from Steve at the price listed in Joseph’s wholesale catalog. This offer had specified a quantity, price, flavors, text message, and delivery dates.
Acceptance: On May 5, Joseph sent Steve a written confirmation, which acknowledged the quantity, price, delivery dates, and purpose …show more content…
He is not entitled to the first shipment because then he should have not accepted the first check.
Steve counterclaims for the ruined novelty candy bars but he was negligence for not storing them on a right warehouse temperature. It was not Joseph fault than the candies melted, Steve did business like this before and he knew that candies cannot be stored in a hot temperature. We can see a duty to exercise care and skill in this situation; Steve acted unreasonable or with negligence he knew better about storing the candies in the right place.
Steve also argues breach of contract because none of the candy bars confirmed to the type that he specified in his order but he cannot win this because it was one his responsibility to check and inspect the delivery and not to accept them if he discovered that they were not the same flavor. He should of call Joseph to tell him he could not accept them and sent them