NO Plaguarism
ll- / @ UNIT TwO lthe Connerciol Environment $ Or.rtions and Gase Problems ll-1. Additional lerms. Strike olfers to sell Bailey one thousand 1 / shtrLs lor a stared price. The offer declares that shipment v will be made by the Dependable Tr-uck Lrne. Bailey replies, "1 accept your offer lor one thousand shlrts at the price cluored. Delivery to be by Yellorv Express Truck Line." Both Strike and Bailey are merchants. Three w,eeks later, Strike ships the shirts by the Dependable Truck Line, and Bailey refuses shipment. Stdke sues for breach of contract. Bailey claims (a) that there never was a contract because the reply, which included a modification of carriers, did not con- stjtlrte an acceptance and (b) that even il there had been a contract. Strike would har.e been in breach because it shipped the shirrs by Dependable, contrary to the contract terms. Discuss 1ullv Bailevls claims. z. produffile'r>ion scr manufac- turecl b1, AKI Electronics. She is goir-rg on vacatlon, so she takes the set to her molhers house lor her n'rother to use. Because the set 1s delective. it explodes, causing c,:nsrd- erable damage to her mothers house. Carmen's mother sues AKI for rhe dan'rase to,her l.ro,-rse Pl:clss thf$9ryS Loru,in fir.e hr-rndred u,ashing machines ol a certriri model ar list price. JLrpken is to ship the qcrods on or before Decernber 1. Topken produces one thousand r.r'ashrng machines ol this n-Loc'lel but has not vet preprrecl Lonvins shiprnent. On Nove mber I , Lor*,in repllcLiiltes thc contrrre t. and \hnBuren High hosted a Chnstmas party ln Berkelel. Countl-. South Carolir-ra. Guests hacl drinks and hors d'oeuvres at a resi- clence ancl acljourned to clinner in r barn across a public r-oacl. Brandon Stroud lerried the guests to the barn in a golf car made by Textron, Inc. The goll car \'as not equlppecl s'ith lighis, and Textron did not u.arn againsl ils use or.r publlc roacls at night. South Carolina does not recluire golf cars to be eqnippecl rvith lights, but cloes ban their operation on public roacls aL nlght. As Stroucl attemptecl to cross the road irt 8.311 r,.rL.. hrs goll car r,r'as struck br-a r,ehicle driven b1' Joseph Thornley Stroud s'as kii1ec1. Hjs esiate filec1 a suit in a South Carolina state cour[ against Textron, alleging stnct product liabilit,v and procluct iirbllitv brsecl on neg- iigence. The estate clainred that the goli car *:rs de[ertrvc and unreasonably dangerous. What might Tertron assert in its defense? Explain. ll{oorc v Barony Housc Rcst,rlrrdilr, LLC,3B2 S.C. 35, 671S.E2d 500 (S CApp 2009)l Product tiabili$. Yr-rn Tung Chou. triecl to unclog a floor drarn rn the kitchen of the restaurant *,here he rvorl