True or false?
"If a carload of wheat is considered to be a commercial unit, a buyer who contracts to buy ten carloads and accepts eight and one-half carloads is considered to have accepted nine carloads. "
I am confused because I thought if a buyer contracted to buy a certain amount of units and accepted one, he has accepted all of them. So wouldn't the answer be false, because he has accepted all ten? This question is a bit vague for me, so any clarification would be appreciated. Thanks!
2007-12-02 00:48:06 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It's covered by the Uniform Commerical Code (UCC).
My guess is that the accepting part has a right of refusal for any load not meeting the contractual terms for quality, etc. However, the contract probably allows him to accept half-loads if he agrees that a half-load will be construed by the accepting party as a full load for contract-fulfillment purposes.
This way, both sides are protected. The buyer gets to make quality determinations, but the seller gets credit for substantial compliance for at least 1/2 loads.
The buyer should not have to take all 10 if less than that satisfy the terms/conditions for quality. Acceptance does not occur until (1) after delivery and (2) buyer has reasonable opportunity to inspect/refuse.
2007-12-02 02:10:25 · answer #1 · answered by ironjag 5 · 0⤊ 0⤋
There are several variables here (Contractual Law is a nightmare). Were 10 carloads presented to the buyer and he refused 1.5 carloads? Why did he refuse them-does the K stipulate reasons for buyer to reject? Were only 8.5 presented to buyer & were there considerations for the 1.5 missing carloads? Etc, etc, etc. If this problem were given to me I'd answer it "Insufficient data available" and give example of why with the questions above. Study Nuclear Physics, its a lot less complicated!
2007-12-02 01:16:28 · answer #2 · answered by Bumpers 2 · 0⤊ 0⤋
Why would a company be expected to pay for 1 1/2 carloads of something they didn't get? That would be thousands of dollars (I imagine). Just because it's business doesn't mean it works any different than the local Home Depot. But I have no idea of the legal answer.
2007-12-02 00:58:27 · answer #3 · answered by marie 7 · 0⤊ 0⤋
I would say it is false. If I were the buyer, I would not pay until I got 10 car loads. I would not pay for less than I ordered.
I agree it is a dumb question.
2007-12-02 00:58:31 · answer #4 · answered by regerugged 7 · 0⤊ 0⤋