Concept explainers
Case summary: A person GH owns and operates OGE, an audit entertainment establishment. The person GH signed a work order authorizing the company TCG to create a prototype of a customer chat system at a price of $64,697. Further, he signed an additional work order related to the installation of a customized firewall system with the same company at a price of $12,943. The payment of the money was to be done in monthly installments. Due to some problems, the work was not completed within the time anticipated. Also, the person GH was not able to make timely payments. The company TCG threatened the person GH to cease the work and filed a case regarding breach of contract. The person GH, instead of making further payments, wished to abandon the project.
To find: Whether the decision of the court regarding the transaction between the person GH and the company TCG was covered by UCC (Uniform Commercial Code), and the reason behind it.
Explanation of Solution
The Uniform Commercial Code (UCC) refers to a set of laws that governs all the commercial transactions related to goods across the United States. There are goods that require some related services such as design, installation, or assembly, but that does not mean that the buyer is purchasing the service rather than the good. The main focus is on the objective of the buyer. The service should be incidental to the purpose of the buyer to fall under the UCC. In the given case, the court would decide that the transaction between the person GH and the company TCG falls under the UCC. This is so because the service that the company TCG is providing to the person GH is incidental to the person GH’s objective of acquiring an operational website.
Want to see more full solutions like this?
Chapter 14 Solutions
Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
- A few days before the end of the term of a two-year NDA (nondisclosure agreement) he signed witha startup company related to a possible patent, Frank interviewed with another startup and divulgedinformation covered by the agreement. The interview had been scheduled for a week later, in whichcase it wouldn’t have been an issue, but had been moved up when another job applicant dropped outand the company had an opening for an earlier interview. Frank reasoned that he had met the spiritof the NDA, and a few days early wouldn’t really matter. Besides, as it turned out, the company heinterviewed with wasn’t interested in that information, although they did hire him. What would youhave done if you were Frank?arrow_forwardIdentify the primary problem, offer potential solutions, evaluate each solution, reach a conclusion, and make a recommendation for this Application Letter: I'm applying for the position of Dead Manager because your company's Technical Manager unexpectedly died. When I apply for a job, I am always told that there are no openings. However, I have you caught in the act in this case, and you have no chance of defending yourself because I went to the burial to confirm that He was indeed dead and buried before applying. My letter includes a copy of his death certificate as well as a copy of my resume. It is much appreciated. Hello and good morning.arrow_forwardYou have received a summons to appear in court. Your client is being sued by another party and that party's attorney wishes to depose you. You notify your client, which refuses to grant permission for you to discuss any client-related matters. Which statement best describes your obligations under the “Confidential Client Information Rule”?arrow_forward
- 1. Dave is a regular shopper at Colric Inc., an online company, which sells T-shirts. He placed an order for five Tshirts. However, when the order arrived, Dave realized that the T-shirts were defective. He returned the orderand requested Colric for a replacement. This scenario exemplifies an exception to one of the aspects of supplychains. Identify this aspect.A.B.C.D.E.Products and services generally move downstream from a supplier to a customer.Distribution channels are more accountable than the manufacturer of a product.Information generally flows from the customer to the intermediaries in a supply chain.Finances generally flow up and down the supply chain.A supplier is the most accountable entity in a supply chain.Which of the following should a company consider when designing its distribution network?An increase in facilities in the distribution network increases the overall inventory in the system.Additional inventory decreases the overall inventory carrying costs in a…arrow_forwardThe provisions of the Real Estate License Law apply to which of the following individuals? A. a regular employee of a property owner who conducts lease transactions on the property O.B. a licensed person who for a fee receives a referral from a licensed broker ⒸC. a property manager who handles the sale of units within a managed condominium complex OD. salespersons who sell their primary residencesarrow_forwardAnswer pleasearrow_forward
- There is added protection for whistle-blowers who report violations of the Sarbanes–Oxley Act.; True or Falsearrow_forward2. Punitive damages are: a. generally not available in tort cases. b. often awarded in cases of contract interference. c. only available in negligence actions. d. None of the abovearrow_forwardThe WeAreNotLiable Hotel posts a notice regarding guest's property, as required under the majority rule, inside the medicine cabinet in the bathroom. For the first part of your post, discuss whether this action meets or does not meet the requirements under the law (the majority rule) and include your why or why not in your response. For the second part of your post, does your opinion change if the Hotel posts the notice in an informational booklet about the hotel, which is placed on the table in each guest room. Does this meet the requirements, why or why not?arrow_forward
- Which of the following correctly identify the requirements for both legal and personal competence for a fiduciary? Must be a U.S. citizen Must meet a minimum age requirement as specified by state law Must be capable of analyzing a situation and making decisions Must be mentally competent as required by state law A) I and II B) II and III C) I, II, III, and IV D) III and IVarrow_forwardEmployees are prohibited from receiving any form of payments, gifts, favor, or use of services or entertainment or gratuities given by third parties that may compromise our integrity or affect our business judgment. Which of the following topic in the Code covers the above? (I) Conflict of Interest (II) Receiving and Giving Business Courtesy (III) Business Dealings With Others (IV) Embracing Good Practice (V) Purchasing & Procurementarrow_forwardA dentai OTTice aoesn't have accessible parking spots. When a patient with mobility challenges complains, the receptionist tells him that because the office is not bound by the Fair Housing Act, the office is not required to have accessible parking spots. Did the receptionist respond correctly? Yes. The receptionist is correct that the office is not covered by the Fair Housing Act, which only covers residential housing. She was not required by any law to provide the patient with accessible parking. Yes. Disability is not a protected class under any federal law. No. A dental office is a public accommodation and therefore covered by the Fair Housing Act, which requires accessibility. No. A dental office is a public accommodation and therefore covered by the ADA. whicharrow_forward
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education