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sergij07 [2.7K]
2 years ago
10

Ellen contracts to buy six cases of vintage Fertile Valley wine from Grapes & Vines Winery for $1,200. The contract states t

hat delivery is to be made at Ellen’s residence "on or before May 1, to be used for daughter's wedding reception on May 2." On May 1, Grapes & Vines’s delivery van is involved in an accident, no wine is delivered that day, and no one from Grapes & Vines tells Ellen. On the morning of May 2, Ellen buys the wine from Happy Hill Winery. That afternoon, just before the reception, Grapes & Vines tenders delivery of the wine at Ellen’s residence. Elin refuses tender. Grapes & Vines sues Elin for breach of contract. How is the court most likely to rule?
Business
1 answer:
Amiraneli [1.4K]2 years ago
5 0

Answer:

Explanation:

Since the delivery is being attempted after the date of the contract, it is Grapes & Vines breaching the contract. Grapes & Vines’s failure to deliver on May 1 and its failure to inform Ellen of the delays a material breach releasing her from any liability under the contract. The court will most likely rule that not only has Ellen not broken the contract, that Grapes & Vines must pay her court costs due to the frivolous nature of the lawsuit.

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Pierre left a message on Shayna’s voicemail stating, “Hey Shayna. Regarding that painting we talked about. I changed my mind and
zysi [14]

<u>The contract between Pierre and Shayna is not a valid contract due to the lack of acceptance from Shayna. </u>

Further Explanation:

Contract:

A legally enforced agreement is considered a contract. An agreement is a promise between two parties to perform tasks for each other for some consideration. When an agreement becomes legally enforced, then it is considered as a contract. So the contract is a legally enforced promise between two parties for considerations. Both parties should get consideration and have a performance obligation.

Following factors are required for the contract:

Offer: A person should offer some consideration to another person for performing any activity or in the exchange of goods.

Acceptance of offer: The other person should accept the offer made by the first person.

Valuable consideration: There should be valuable consideration for both the parties.

Mutual obligation: Parties should promise to execute their obligated activities.

The performance capacity of the parties: Parties should be capable of performing the contract.

Legally enforcement: The contracts should be legally enforced.

These are the basic elements of a contract. If any contracts lack any of the given factors, then it will not be considered as a valid contract.

The contract between Pierre and Shayna:

In the current case, Pierre makes an offer to sell the painting to Shayna. Pierre leaves a message in the voicemail of Shayna, stating that if Shayna does not contact Pierre within one hour, then Pierre would consider that the Shayna wants to purchase the painting.

It is not a valid contract as it lacks the acceptance of the offer from Shayna.

Pierre enters the contract to sell the painting without considering the acceptance of the offer by Shayna. Pierre puts a condition that if she does not receive any revert from Shayna within one hour, then she would consider that Shayna has accepted the offer. For a valid contract, the promisee should accept the offer but the condition of acceptance (revert within one hour) does not state for the acceptance of Shayna. So, it will not be considered a valid contract.

<u>Thus, the contract between Pierre and Shayna is not a valid contract due to non-acceptence. </u>

Learn more:

1. Learn more about the cash deficiency

brainly.com/question/12981857

2. Learn more about the span of control

brainly.com/question/12986822

3. Learn more about the sales budget  

brainly.com/question/12985585

Answer details:

Grade: Senior School

Subject: Business Law

Chapter: Contract Act

Keywords: Pierre, message, Shayna, voicemail, painting, mind, sell, steal, people, ASAP, hear, within an hour, not a valid contract, purchase a painting, lack of a(n), contract act, agreement, law, business law, promise, valid contract.

7 0
2 years ago
Waterways packages some of its products into sets for home installations. One set (small) sells for $77 with variable costs of p
horrorfan [7]

Answer:

Instructions are listed below.

Explanation:

Giving the following information:

One set (small) sells for $77 with variable costs of production for the set at $50. Another set (large) sells for $152 with variable costs of $100.

Contribution margin= selling price - unitary variable cost

Contribution margin Small Set= 77 - 50= $27 per unit.

Contribution margin Large Set= 152 - 100= $52 per unit.

4 0
2 years ago
Milden Company has an exclusive franchise to purchase a product from the manufacturer and distribute it on the retail level. As
kap26 [50]

Answer:

Fixed Cost = $24,000 Variable cost = $5

Explanation:

You have to use the High-Low method

$$Shipping expense = units sold * variable cost + fixed cost

From the table you got, you pick the higher and the lowest unit sold

and calculate the diference between them:

\left[\begin{array}{ccc}&$Units&$Shipping Expense\\$High&44,400&246,000\\$Low&30,000&174,000\\$Diference&14,400&72,000\\\end{array}\right]

Now 14,400 Units generates a cost of 72,000 Dividing we get the variable component

72,000/14,400 = 5

Then we calculate for the fixed cost:

$$246,000 = 44,400 * 5 + Fixed Cost

Fixed Cost = 24,000

6 0
2 years ago
In each of the following cases, calculate the accounting break-even and the cash break-even points. Ignore any tax effects in ca
Sloan [31]

Answer:

Accounting Break-Even

Case 1 = $14,350   Case 2 = $8,485.71    Case 3 = $214.375

Cash Break-Even

Case 1 = $11,766.67    Case 2 = $1342.86     Case 3 = $168.75

Explanation:

According to the scenario, computation of the given data are as follow:-

Accounting Break-Even = (Fixed Cost + Depreciation Cost) ÷ (Price Unit -Variable Unit)

Case 1 - ($7,060,000 + $1,550,000) ÷ ($3075 - $2,475)

= $8,610,000 ÷ $600

= $14,350

Case 2 - ( $47,000 + $250,000) ÷ ($96 - $61)

= $297,000 ÷ 35 = $8,485.71

Case 3 - ($2,700 + $730) ÷ ($21 - $5)

= $3,430 ÷ $16 = $214.375

Cash Break Even = Fixed Cost ÷ (Price Unit - Variable Unit)

Case 1 - $7,060,000 ÷ ($3075 - $2,475)

= $7,060,000 ÷ $600

= $11,766.67

Case 2 - $47,000 ÷ ($96 - $61)

= $47,000 ÷ $35 = $1342.86

Case 3 - $2,700 ÷ ($21 - $5)

= $2,700 ÷ $16 = $168.75

6 0
2 years ago
Segments of business's macroenvironment include all of the following except a. the economic environment. b. the social environme
fgiga [73]

Answer:

d. the natural environment.

Explanation:

There are two business environment

The first one is microenvironment and the other one is the macro environment

The microenvironment refers to that environment that covers the business functions with respect to the general public, customers, competitors, employees, etc

While the macro environment refers to that environment that affects the business functions or its workings

It can be in various ways like

1. Political & legal  

3. Social

4. Technological

5. Demographic

6. Economical

6 0
2 years ago
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