« previous next »

Author Question: Barnes & Noble faxes to Woodchip Publishing Company on May 1, 2002 the following: Please ship ... (Read 121 times)

james

  • Hero Member
  • *****
  • Posts: 573
on: Jun 24, 2018
Barnes & Noble faxes to Woodchip Publishing Company on May 1, 2002 the following:  Please ship immediately six copies of NOBODY FIXES REAL CARROT STICKS ANYMORE.  Price: 6.00 Shipping: 2/book  Woodchip ships six books with an invoice as follows:  Six NOBODY FIXES REAL CARROT STICKS ANYMORE  6.00 = 36.00  Shipping and Handling = 6.00  Suppose that the fax from Barnes & Noble read:  Please ship immediately via priority mail - 10 Copies of NOBODY FIXES REAL CARROT STICKS ANYMORE.  Price: 6.00 per book Shipping: 3.95 total  Woodchip ships the books at the 6 price but ships them via two-day UPS at a price of 5.95. Is there a contract?

Question 2

The breach of the fiduciary duty by an agent:
 A) results in termination of the agent.
 B) terminates the agent's apparent authority.
 C) does not terminate an agent's implied authority.
 D) None of the above


stanleka1

  • Sr. Member
  • ****
  • Posts: 325
Reply #1 on: Jun 24, 2018
Answer to Question 1

You have two merchants and Woodchip accepted by shipping, but used a different carrier that made a difference in price. It was an acceptance and breach at the same time because Barnes & Noble specified shipping and Woodchip used a different means for shipment. At a minimum, Barnes & Noble is permitted to not pay the extra shipping even if it chooses to accept the books. The acceptance on the different shipping terms is really not an acceptance, but a counteroffer that Barnes & Noble is free to accept or reject.

Answer to Question 2

A


Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
« previous next »
 

Did you know?

In 1864, the first barbiturate (barbituric acid) was synthesized.

Did you know?

Interferon was scarce and expensive until 1980, when the interferon gene was inserted into bacteria using recombinant DNA technology, allowing for mass cultivation and purification from bacterial cultures.

Did you know?

In women, pharmacodynamic differences include increased sensitivity to (and increased effectiveness of) beta-blockers, opioids, selective serotonin reuptake inhibitors, and typical antipsychotics.

Did you know?

More than one-third of adult Americans are obese. Diseases that kill the largest number of people annually, such as heart disease, cancer, diabetes, stroke, and hypertension, can be attributed to diet.

Did you know?

Although not all of the following muscle groups are commonly used, intramuscular injections may be given into the abdominals, biceps, calves, deltoids, gluteals, laterals, pectorals, quadriceps, trapezoids, and triceps.

The American clipper ship, Red Jacket, off Cape Horn, sails from Australia to Liverpool, England, in The American clipper ship, Red Jacket, off Cape Horn, sails from Australia to Liverpool, England, in
Morris and Company, Sussex Rush-Seated Chairs. Morris and Company, Sussex Rush-Seated Chairs.
This headache remedy was “guaranteed” by the drug company; 1906. This headache remedy was “guaranteed” by the drug company; 1906.
A ship is being pulled through a harbor at constant velocity by two tugboats as shown in the ... A ship is being pulled through a harbor at constant velocity by two tugboats as shown in the ...
An organizational specialist is hired as a consultant to a company planning to open a coffee ... An organizational specialist is hired as a consultant to a company planning to open a coffee ...
During a period of high power demand, the voltage output of the power company is reduced by ... During a period of high power demand, the voltage output of the power company is reduced by ...
Video: Atrial natriuretic peptide (vasodilation) & Aldosterone

For a complete list of videos, visit our video library