Yes. Under the Uniform Commercial Code, when a non-breaching seller cannot reasonably resell the breached goods on the open market, he is entitled to damages in the amount of the full profit that he would have made from full performance by the buyer. Ordinarily, the seller would be entitled to the difference between the market price for the breached goods and the unpaid contract price, together with incidental damages and less the expenses saved because of the breach. However, if this measure of damages is inadequate to put the seller in as good a position as performance would have, the measure of damages is the profit that the seller would have made from full performance, plus incidental damages. If the seller cannot sell the breached goods
Friganim Importing Co. v. B.N.S. International Sales Corp. Facts: Friganim Importing Company sued B.N.S. claiming that B.N.S. breached warranties in two contracts that they had entered into. In the first of the two contracts, Frigalimnet had agreed to sell 75,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. The second contract consisted of 50,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. (smaller chickens where priced slightly higher in this contract than the first agreement)
The diagnosis of bipolar I disorder with acute manic phase is made for Ms. IC after rule out medical condition and substance abuse.
... consumers can ask for a refund or replacement or even compensation if the losses are too huge (Business Government Australia, 2012).
Medical billers often communicate with physicians and other health care professionals to explain diagnoses or to attain further information by means of phones, email, fax, etc. The biller must know how to read a medical record and be familiar with CPT®, HCPCS Level II and ICD-9-CM codes.
The operating agreement is the members of LLC have a decision on how to operate the various aspects of the business (Miller, 2014, p.41). It is simply a contract. The LLC operating agreement must accommodate setting up sub-LLCs. Many states do not require the operating agreement because LLC exist. With other states, the operating agreement should be written so their interest can be protected. According to Miller, operating agreement typically contains provisions relating to the management and how future managers will be chosen or removed, how profit should be divided, how membership interests may be transferred, whether the dissociation of a member, such as by death, will trigger dissolution of the LLC, whether formal members’ meeting will
"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party" (Mallor et al., 2015, p. 320)
There are many companies are going into global because of world economic. People are always rebating about the relationship between the negotiators come from different culture when they are in the process of negotiation. Many people might think that problem occurs when both parties are dissatisfied with the offer price.
Since the elements were met to satisfy an actual contract being made, with promises albeit moral and legal, the behavior in which Johnny executed warrants a breach of contract on his part. Also to note is Johnny is not a merchant under the Uniform Commercial Code (UCC), which defines a merchant as “a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction” (American Business Law Journal, 1970). Had Mark been identified as a merchant, he would have been held to a different set of rules and Johnny would have been protected, but Mark is a casual seller and not held to a higher standard of
What are the three or four most important drivers of Microsoft’s business model over the past 10 to 15 years that have accounted for the company’s spectacular results?
Breach of contracts can have serious damages for businesses. An expected service or agreement that is no longer met or kept impacts everyone involved. A breach of contract can reduce earnings while also potentially harming future profits. It also puts a company’s value at risk if they cannot meet demands for products or meet deadlines. There are often damages that result from contract claims and breaches. Claims are made by both parties involved to argue over projected lost revenues, sales impacts, lost value, and added costs resulting from the breach. Damages estimates are made using historical information and projections to support a plaintiff’s claim that financial damages are a result of the contract violation. The list of possible damages that in a damage estimate include: lost sales and profits, lost value, and extra costs.
Hewlett-Packard Corporation plays an important role in the Information Technology products. In the report, it will choose two of the issues which are related to each other from the Hewlett-Packard troubles list. The first issue is the congressional federal did research to the corporate spying and pretexting in 2006. The second issue is about Mark Hurd, who was the president and CEO in HP, was accused of sexual harassment and did illicit business which conduct that he is short of judgment. First, the report begin with identify the moral problem which combine with some relevant background information which can let the reader better understand the situations. Next part, the report will definitely point to point analysis two of the issues related with the moral problem which are covering in the organizational behavior, so that reader can deeply understand and interpretation the problems. At last, finding the feasible ways and establishing the clear effectiveness solutions are the important steps to pull HP Corporation through the downturn. The purpose of this report is using organizational behavior knowledge to comprehend and solve the HP workers’ moral problem.
Breach of a contract – failure or refuse to perform than the contract has been breach than the other party has the right to terminate the contract.
This article explains that Pick n Pay sees the importance of the socio-economic factors that are facing companies in the world and states how it attends to these various demands. Whether it is in the form of cutting down on expenses to accommodate the increasing prices of electricity or fuel in the country so it does not intervene with their profit margins, or the upliftment of customers by offering the best possible prices. They also do great things to aid the environment and minimise their carbon footprint. It also sets further goals that Pick n Pay aims to achieve over the next few years. It then provides a summary of the activities that Pick n Pay takes part in according to the Global Compact Ten Principles. This ranges from the protection of human rights, the regulating of labour, the discrimination of employees, the stopping of corruption and also the aiding of environmental aid and responsibility.
The following describes a more detailed description for the SWOT analysis. The first acronym is S for strength. The first strength is brand recognition. The hotel has a competitive edge due to its brand loyalty and aftermarket sales. It also drives the firm toward growth and expansion. This will also benefit the stakeholders with stock in the company Second is social responsibility the Wyndham company works to maintain social responsibility
Microsoft is the leading and the largest Software Company in the world. Found by William Gates and Paul Allen in 1975 Microsoft has grown and become a multibillion company in only ten years. It all started with a great vision – “a computer on every desk and every home” - that seemed almost impossible at the time. Now Microsoft has over 44,000 employees in 60 countries, net income of $3.45 billion and revenue of 11.36 billion. Company dramatic growth and success was driven by development and marketing of operational systems and personal productivity applications software.