BUSINESS LAW week2

Required Resources

 Text

Rogers, S. (2012). Essentials of Business Law [Electronic version]. Retrieved from https://content.ashford.edu/

• Chapter 4: Contracts: Offer, Acceptance, and Consideration
• Chapter 5: Contracts: Capacity, Genuine Assent, the Statute of Frauds, and Illegality
• Chapter 6: Third Parties, Performance and Discharge of Contracts, and Remedies
• Chapter 7: The UCC: Formation and Modification of the Sales Contract

 Recommended Resources

 Multimedia

DeAngelis, M. (2012, September 19). Did Jerry Garcia's drug-induced haze compromise his contractual capacity? (Links to an external site.)Links to an external site. [Blog post]. Retrieved from http://legalstudiesclassroom.blogspot.com/2012/09/did-jerry-garcias-drug-induced-haze.html

• Video of court testimony and attorney argument related to divorce settlement agreement.

Websites

Legal Information Institute. (n.d.). Uniform Commercial Code. (Links to an external site.)Links to an external site. Retrieved from http://www.law.cornell.edu/ucc/ucc.table.html

• The UCC is a model law as it applies to the sale of goods. It will help students understand the elements of a valid contract and, develop their legal reasoning and ability to apply the law to facts related to contracts for the sale of goods.

Smith, C. A. (2012). Contracts. (Links to an external site.)Links to an external site. Retrieved from http://www.west.net/~smith/contracts.htm

• Information regarding elements of a contract and remedies for breach.

Interactive Exercises

Rogers, S. (2012). Essentials of Business Law [Electronic version]. Retrieved from https://content.ashford.edu/

• Section 4.1: Applying the Law: Types of Contracts (Links to an external site.)Links to an external site.
• Section 4.2: Applying the Law: The Offer (Links to an external site.)Links to an external site.
• Section 4.3: Applying the Law: Acceptance (Links to an external site.)Links to an external site.
• Section 4.4: Applying the Law: Consideration (Links to an external site.)Links to an external site.
• Section 7.1: Applying the Law: Sales Contracts (Links to an external site.)Links to an external site.

Section 7.2: Applying the Law: Statute of Frauds  (Links to an external site.)Links to an external site.

DISCUSSION

 Read the Case Campbell Soup Co. v. Wentz in the text. Answer the following questions:

• What were the terms of the contract between Campbell and the Wentzes?
• Did the Wentzes perform under the contract?
• Did the court find specific performance to be an adequate legal remedy in this case?
• Why did the court refuse to help Campbell in enforcing its legal contract?

How could Campbell change its contract in the future so as to avoid the unconsionability problem?

 Read the Ace Heating and Cooling scenario in your text and answer the following questions:

• Under UCC 2-302, who has the best chance of getting out of the contract due to unconsionability?
• The symbol for justice features a woman wearing a blindfold illustrating that the law should be applied the same way regardless of who the parties are. Does the UCC rule seem to contradict this? Which approach do you think is more ethical?
• Note that both Glamour and Shady Rest are businesses, and courts rarely find that contracts between two businesses are unconscionable. The rationale is that a business is a sophisticated entity, familiar with transactions and able to protect itself. Do you think Glamour and Shady Rest are in a comparable position in regard to this contract? Why or why not?