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Case study law (Example)

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The court in the matter of Empire Gas corp v American bakeries co. defines an output contract as one which assures a buyer of a source for his supply by forbidding the seller from supplying his output to any other buyer. The case further defined a requirement contract as one in which the buyer undertakes to deal exclusively with the seller assuring them of a ready market for their products and thus giving the seller a reasonably assured market by forbidding the buyer from acquiring supply from any other supplier to the exclusion of the seller. According to the court in a requirements contract the seller must compensate the buyer for giving up the opportunity to shop around for better deals offered by the seller’s competitors. The judges explained that the arrangement between the seller and the buyer in the present case constituted a requirement contract as is provided of the fleet of trucks initially intended to be fitted with the conversion units. It is my opinion that American bakeries also bears the burden of showing that their act of withdrawing from the contract was done in good faith. I further find it to be a contradiction how the court held that the reduction of demand by American bakeries to zero though unreasonably disproportionate on the face does not warrant the determination of liability of section 2- 306 (1) and further require prove of bad faith for such liability to be established. This in my opinion puts the seller at a disadvantage. Further while I do agree that the seller bears the burden of proving bad faith in the action of the buyer the buyer does too bear a reverse burden of demonstrating that their actions were taken in good faith. Application of court’s decision by state courts [...]

Order Description:

follow the instruction on the title page . There are 5 questions in total. Questions 1-4 refer to the case Empire Gas corp v American bakeries co. for question number 5 read the case do state courts apply the UCC 2-306 Limitations to Overestimates The questions for that case go as followed. the instructions and cases are attached . each question requires a one page answer. 1) define and distinguish a requirements and output contract. 2)what is the effect of the UCC good faith requirement on such requirements and output contracts. 3) Did American Bakeries co act unethically? explain 4) do you agree with the courts decision? explain question 5 you have to analyze the case ,do state courts apply the UCC 2-306 Limitations to Overestimates . one page requirement

Subject Area: Law

Document Type: Dissertation

This project has already been completed by one of the Studybay experts. The client rated this project:

Project's rating is 5/5

Price $40

Words 1375

Pages 5

Completed in 5 days

Expert WriterT

Client Review

gave me updates with drafts , communicate with me throughout the process and delivered great work.


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