General instructions Please answer each question as thoroughly, but concisely, a

Question

General instructions

Please answer each question as thoroughly, but concisely, as you can, making reference

as much as possible to Business Law concepts

? Multiple Possibilities. Some questions will have more than one possible outcome; in such cases you should describe each possible outcome and the factor(s) that would determine which possible outcome would occur.

? Missing Information. If there is any information that is missing that you believe is relevant to your analysis or conclusion, identify what that missing information is, and how it would affect your analysis or conclusion.

? The questions generally should require no more than 4 to 5 sentences or so for a

response.

Scenario 1

Under the Uniform Commercial Code, if a buyer receives goods that are “Nonconforming” the buyer has a “reasonable time” to reject those goods, otherwise the buyer is treated as having accepted the goods even though they are nonconforming. The two general ways that goods are non-conforming are if the seller delivers (1) defective goods or (2) incorrect goods (goods different from those ordered). Thus, if the buyer fails to reject the goods (i.e., not accept them) within a reasonable time, the buyer has lost its right to return the goods and must pay for those goods despite the fact they are non-conforming.

Here are some cases where a court determined whether or not a buyer had rejected

nonconforming goods within a reasonable time:

1. Grocery store had not rejected within a reasonable time when it rejected a truckload of bananas 3 days after they had arrived. The buyer had noticed, upon arrival, that the bananas were overly brown.

2. Ski shop had rejected within a reasonable time when it rejected a shipment of 200 snowboards 15 days after arrival after noticing (5 days after arrival) that the top surface of all of the snowboards contained discoloration).

3. Grocery store had rejected within a reasonable time when it rejected a shipment of 144 boxes of energy bars 7 days after arrival because it noticed the day that they arrived that all of them were the incorrect flavors.

Question 1

A roofing contractor had ordered asphalt roofing shingles for a residential customer’s roofing project. The contractor received the shingles on June 1, noticed that they were the wrong color on June 2, and rejected them just over a month later on July 3.

Scenario 2.

Mark lives in Memphis, Tennessee. Memphis is located very close to both Mississippi and Arkansas. For questions 6-10, answer in a few sentences at most.

Question 2.

Mark was visiting the town of Little Rock, Arkansas and was involved in a 2 car accident. The other driver lives in Little Rock. If Mark were to sue the other driver, which state or states would have personal jurisdiction over the other driver and why?

Question 3.

Mark was visiting the town of Little Rock, Arkansas and was involved in a 2 car accident. The other driver lives in Little Rock. If the other driver were to sue Mark, which state or states would have personal jurisdiction over Mark and why?

Question 4.

Mark was visiting the town of Little Rock, Arkansas and was involved in a 2 car accident. The other driver lives in Atlanta Georgia. If Mark were to sue the other driver, which state or states would have personal jurisdiction over the other driver and why?

Question 5.

Mark was visiting the town of Little Rock, Arkansas and was involved in a 2 car accident. The other driver lives in Little Rock. Which state or states could exercise personal jurisdiction over Mark in a criminal case?

Question 6.

Assume that Mark starts a mobile dog grooming business and purchases a van for this purpose. How will it be determined if a state can exercise jurisdiction over the dog grooming business if that business is named as a defendant in a civil lawsuit related to the business.

Explanation / Answer

Question 1 :

The rejection of the shingles post a month of receiving them and that too on a very visible parameter that the color was not as ordered, is not at all a rejection within reasonable time. These goods were non conforming in the first place to be able to take a call right away.

Question 2 :

For Mark to sue the other driver, he has to adhere to the prevalent laws of Little Rock as the other driver is resident to that state. Also, for the fact that he himself also stays adjacent to Arkansas.

Question 3 :

Laws of Mississippi would have held responsible for personal Jurisdiction over mark since he puts up in a place geographically close to Mississippi as well as Arkansas. The common laws would take into consideration.

Question 4 :

If the driver belongs to Georgia, however the accident took place in Arkansas. The law of Arkansas will suffice in deciding over the case.

Question 5 :

This would only be called a criminal case if atall it involves loss or death in the accident or ant fatal loss and for that to be decided, it has to be subjected to the decision of Arkansas court law.

Question 6 :

The court can exercise and involve in the civil law suit with respect to findings if the business holds any kind of harm to the local dogs. However if the findings are good to go and the purpose of the Business is found non guilty and aimed at non profit making service, it can surely be given the necessary permissions.

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