Learning Activity #1
A ordered 100 19-inch color TV sets from B, and requested prompt shipment of the goods. B promptly shipped to A 100 21-inch color TV sets. Prior to shipment, B did not notify A that he was shipping nonconforming TVs as an accommodation.
Assuming both A and B are merchants, under UCC rules, discuss (1) whether there is a valid, enforceable contract between A and B and why, and (2) the options A and B have at this point.
Learning Activity #2
Ed and Nora signed a contract that required both parties to complete 3 specific contract items. Later Ed sued Nora for a breach of contract claiming she fulfilled only 2 of the required contract terms. In court, Nora testified that she did not breach their agreement because, after signing the written contract, she and Ed had orally agreed to change the contract terms to exclude the third item in the written contract.
Analyze and discuss the status of Ed's claim and whether Nora's testimony will affect the outcome of Ed's claim of breach of contract.