Grocery, Inc. Paper BUS/415

Essay by mamalayneUniversity, Bachelor'sB+, October 2008

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Grocery, Inc. PaperBUS/415Grocery, Inc. PaperUniform Commercial Code (UCC) - Article 2Grocery, Inc. buys from vendors and sales goods to customers. Due to this fact, Grocery, Inc. is affected by the Uniform Commercial Code (UCC), especially Article 2 (Sales) and Article 2A (Lease). Both Article 2 and Article 2A provide easy-to-apply rules that place the risk of loss of the goods on the party most able to either bear the risk or insure against it (Cheeseman, pg. 381). Article 2 deals with sales of goods, it does not include services. Common law contracts only apply when Article 2 or Article 2A are silent on the issue. In other words, Article 2 takes precedence over any common law contract.

Breech of ContractGrocery contracted with Masterpiece Construction to renovate the store, the renovation was to be completed within a six-month period. Masterpiece was unable to complete the renovation within the six-month period; therefore Masterpiece sub-contracted Build Them to Fall to complete the job.

Generally, there is a breach of contract if the contract is not performed when due. Nevertheless, if the other party is not jeopardized by the delay, most courts treat the delay as a minor breach and give the nonperforming party additional time to perform. An award of specific performance orders the breaching party to perform the acts promised in the contract. The courts have the discretion to award this remedy if the subject matter of the contract is unique (Cheeseman, 2003, pg. 292).

Grocery had legitimate reason to sue Masterpiece for breech of contract; therefore Grocery will win the case against Masterpiece. The proving fact is not that Masterpiece sub-contracted with Build to Fall, but that the six-month contract had lapsed prior to sub-contracting the job out.

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