Which contracts case...

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RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

Which contracts case...

Postby RR320 » Wed Dec 21, 2011 9:25 pm

I'm thinking of a case where a buyer makes an order and the seller is only able to fulfill so much of it and then is able to ship the rest out at a later point but charges more because the price has changed and buyer accuses them of breaching the contract. Does anyone know the case name I am talking about or what exactly happens in these type of cases?

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ben4847
Posts: 789
Joined: Mon Nov 07, 2011 11:38 pm

Re: Which contracts case...

Postby ben4847 » Wed Dec 21, 2011 9:32 pm

RR320 wrote:I'm thinking of a case where a buyer makes an order and the seller is only able to fulfill so much of it and then is able to ship the rest out at a later point but charges more because the price has changed and buyer accuses them of breaching the contract. Does anyone know the case name I am talking about or what exactly happens in these type of cases?


Well, under the common law, it would be a breach of contract, and the buyer would only have to pay the original price. Under the UCC, I have no idea. My contracts professor thinks the UCC is stupid and juvenile.

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Cade McNown
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Joined: Tue Jan 04, 2011 10:54 pm

Re: Which contracts case...

Postby Cade McNown » Wed Dec 21, 2011 9:36 pm

RR320 wrote:I'm thinking of a case where a buyer makes an order and the seller is only able to fulfill so much of it and then is able to ship the rest out at a later point but charges more because the price has changed and buyer accuses them of breaching the contract. Does anyone know the case name I am talking about or what exactly happens in these type of cases?


Sounds like Canadian Industrial Alcohol v. Dunbar Molasses (Cardozo decision).

Or maybe Corinthian Pharmaceuticals v. Lederle Labs, but that's a shipment as an accommodation not an acceptance.




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