Question
Elements of a Contract
Read the Case Campbell Soup Co. v. Wentz in the text. Response the following questions
1. What were the terms of the contract among Campbell and the Wentzes?
2. Did the Wentzes do under the contract?
3. Did the court find exact performance to be an adequate legal remedy in this case?
4. Why did the court waste to help Campbell in enforcing its legal contract?
5. How could Campbell change its contract in the future consequently as to avoid the unconsionability problem?
Guided Response- Review your peer's responses. Reply to at least two of your classmates' letting them know if you agree with their analysis. Legal examination is fact driven. If your examination of the facts is different from a peer's response, list the facts that controlled you to your conclusion. Did your noble give more weight to facts that you found unimportant?
The Uniform Commercial Code (UCC)
Read the Ace Heating as well as Cooling scenario in your text as well as answer the following questions-
a) Under UCC 2-302, who has the best accidental of getting out of the contract due to unconsionability?
b) The sign for justice features a woman wearing a blindfold illustrating that the law must be applied the same way regardless of who the parties are. Does the UCC rule seem to contradict this? Which method do you think is more ethical?
c) Note that both Glamour as well as Shady Rest are businesses, as well as courts rarely find that contracts between two businesses are unconscionable. The rationale is that a business is a sophisticated entity familiar with transactions as well as able to protect itself. Do you think Glamour as well as Shady Rest are in a comparable position in regard to this contract? Why or why not?