Elements of a Contract.
Read the Case Campbell Soup Co. v. Wentz in the text. Answer the
following questions: 1. What were the
terms of the contract between Campbell and the Wentzes? 2. Did the Wentzes
perform under the contract? 3. Did the court find specific performance to be an
adequate legal remedy in this case?
BUS311: Business Law
4. Why did the court refuse to help Campbell in enforcing
its legal contract? 5. How could Campbell change its contract in the future so
as to avoid the unconsionability problem?
Guided Response: Review your peer’s responses. Respond to at
least two of your classmates’ letting them know if you agree with their
analysis. Legal analysis is fact driven. If your analysis of the facts is
different from a peer’s response, list the facts that led you to your
conclusion. Did your peer give more weight to facts that you found unimportant?
2. 1st Post Due by Day 3.
The Uniform Commercial Code (UCC). Read the Ace Heating and Cooling
scenario in your text and answer the following questions:
a. Under UCC 2-302, who has the best chance of getting out
of the contract due to unconsionability? b. The symbol for justice features a
woman wearing a blindfold illustrating that the law should be applied the same
way regardless of who the parties are. Does the UCC rule seem to contradict
this? Which approach do you think is more ethical? c. Note that both Glamour
and Shady Rest are businesses, and courts rarely find that contracts between
two businesses are unconscionable. The rationale is that a business is a
sophisticated entity, familiar with transactions and able to protect itself. Do
you think Glamour and Shady Rest are in a comparable position in regard to this
contract? Why or why not?
Guided Response: Respond to at least two of your classmates,
explaining your position and why you agree or disagree with their comments. Do
you think the contracts are fair or unfair considering the parties had a
disproportionate ability to bargain? Under UCC Section 2-302 the court has the
discretion to find the contract unconscionable. Do you think this is a good
approach? What other methods to resolve this issue is appropriate?