A contract is one of the critical agreement that people and organizations go through on daily basis. It is worth noting that organizations and people go into a contract based on various reasons. There are critical components that must be considered when making some agreements. In analyzing the case study one, it is crucial to put into consideration various elements that must be considered for an agreement to be a contract. Some of the elements include acceptance, offer, consideration, as well as the intention of legal consequences. In case study one, there is no contract. These are based on the fact that the case study do not have all the elements that make the agreement a contract. One of the critical component missing in the case study is the acceptance. The acceptance in these case should have been given in writing, verbally, or inferred (Emerson 102). The seller in these case did not communicate to the buyer on unconditional of full acceptance of the offer. In the conversation, there is no part that indicates the acceptance of the offer. The intention of the agreement is not clear in the conversation. The buyer and the seller established agreements that focused on domestic arrangement rather that establishing a legally binding agreement.
The agreement made by the buyer and the seller create responsibilities. Signing of contract means that the buyer and the seller have responsibilities to fulfill. The contract dictates remedies, and the agreements made. Based on the case study, the seller incurred some damages because he/she made the delivery on July 1 as directed by the buyer. In these case, the buyer seems to have defaulted on the contract but the fact is that there was no communication from the seller after the offer was made. The seller as no remedy against the buyer since the buyer since the contract was not binding. The seller did not commutate to the buyer after the offer was made.
UCC (Uniform Commercial Code) recognize that merchants have a special obligation. The merchants must act in good faith. Assuming that the buyer is a merchant as defined in the UCC then the seller have a remedy against the buyer. The Uniform Commercial Code provisions apply in the transaction between the seller and the buyer (Emerson 275). In these case, despite the missing terms of the contract the agreement is binding. These means that the buyer has to compensate the seller for the damages. The communication between the buyer and seller has some specifics, which included the place of delivery and date. The seller delivered the goods as agreed. The buyer has the obligation to meet the damages faced by the breach of contract. The seller is the innocent party, and the buyer had to compensate the seller (Emanuel 40). The main reason of damages in the contract is to place the seller in a position they could be in the buyer had not requested for the goods. The seller has various options, which, in this case, is to sue for damages. The damages in these case would be to sue for the price of goods. Under UCC, a merchant the store has the right to reject goods that do not meet the standards.
Advertisement is one of the critical marketing strategies in business. It is worth noting that advertisement are not considered legally binding offers. In fact, the advertisement are taken to be an invitation to do business. There are critical elements that should be analyzed. Based on the case study there are several elements that need to be considered. Age is one of the elements that brings in controversies in the case study. A contract that is made by a minor is voidable, but there are some exceptions. The minor, as stated in the case study, can avoid any legal liability under the contract. One of the issue to focus on is the ratification of the contract when the minor reaches the age of majority. Any expression by the minor to avoid the contract will be taken as avoidance. Based on the case study, the contract was void because a minor was involved in the contract. In a critical analysis, Baileys entered a contract when Jack Bozo was the owner of the business. Windell Travel and Windell Hotel were in contract with Bailey’s and were accountable for the damages that Bailey faced. Windell Travel and Windell Hotel cannot avoid the contract. Jack Junior is no longer a minor, and if he has not returned the property to his father, then he cannot avoid the contract. As Jack attains the age of majority, he can ratify the contract. In such situation, the minor cannot avoid the contract. Windell Travel and Windell Hotel are liable regarding the contract. In a critical analysis, it is evident that Jack can refute the argument because of various reasons. Jack was only a few months from becoming an adult when he booked Bailey’s tour. These means that the process does not negate the minor status (Emerson 65). Therefore, one of the grounds to refute the argument is that being a minor do not affect the agency relationship with Windell. Also, the honor to reject the contract in the case study lies with the minor. Other issues to focus on was the state of ownership when the contract took place. It is clear that Windell Hotels, Inc. operates and won the Isla Mar Hotels.
Bailey in an attempt to recoup her trip costs and damages the UCC (Uniform Commercial Code) applies. During the decision-making process, the court applies the Uniform Commercial Code to justify the damages that Bailey incurred. The website and advertisement that Bailey read created an express warranty that the trip include all the expenses. Bailey entered into a contract with Jack tours, Windell travel and Windell hotel based on the information and misstate of material fact. The material fact that Bailey received was not true, and the hotel knew it was untrue. These are based on the credit card bills that Bailey received as the additional charges (Emanuel 72). Under the UCC (Uniform Commercial Code), the written disclaimers should be conspicuously displayed to be valid. Through the description of services, the seller created an express warranty. Bailey being the customer, or the buyer of the services depended on the description. The advertisement that Bailey read and information she received created express warranties. Bailey through Uniform Commercial Code can recover any loss that arise due to a breach of express warranty. The application of Uniform Commercial Code affects the remedies in the sense that it does not dictate the specifics that are required. The rights of the consumer tend to vary depending on various components.
Work Cited
Emanuel, Steven. Contracts. New York: Aspen Publishers, 2006. Print.
Emerson, Robert W. Business Law. Hauppauge, N.Y: Barron's Educational Series, 2009. Print.
