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Morris and Wood, certainly fell upon a non-formation of a sales contract, I would say. Although, both offered reasonable evidence that the deal was fair and in good faith in my opinion, no acceptance of shipment was obtained. The discussions were somewhat brief and limited solely to the subway station, and Wood and Morris went weeks without finalizing the plan. As chapter 13 claims, sales contracts can sometimes be finalized by oral means, and without papers and so forth, other requirements were not met. The contract for the sales of good is established once acceptance is sent. However, in such cases as the one being described, Morris never asked specifically or agreed for these widgets to be shipped to him. Although, these products are conforming goods, which simply means that the goods are exactly as the too had discussed, Morris never gave Wood the okay to ship these widgets to his office location.
Although, the UCC has made open-price a consideration in such sales contracts, acceptance is needed by both parties, making this idea or limitation irrelevant. As stated above, oral means can be sufficient between merchants regarding sales contracts. However, the book claims that a written account must be documented, and neither merchant rejects its existence for ten days for it to be valid. This step was completely disregarded in this scenario, only showcasing even more that this was a non-formation of a contract.
Although, the contract is non-forming, Wood acted out of good faith in my opinion. He somewhat pushed the sale a little too far, since Morris, did not tell him directly to send the widgets, but no harm or malice was done in this. As chapter 14 states, once the products are shipped, acceptance and payment should be administered to the sender. Morris, should have not waited an entire week to get back to Wood about declining these products in my opinion. This is called rejection of goods by the buyer, and it states in the book that it should be done in a timely fashion, however, that was not done in this case at all, since Morris waited over a week to even contact Wood.
The information presented within this case was significantly limited. We are left wondering if Morris wants to accept these goods or not, but audiences presume that he wants to decline, since he did not appear too invested. Also, confusion comes into play towards the end, when one realizes that Wood’s company Delbo is bankrupt. Therefore, these goods were manufactured by a company that will no longer be in existence, which only complicates matters even more. Could Morris be part of the reason that this company is going bankrupt, since he did not decline or accept the widgets? Or was this out of Morris’s capacity within this non-conforming contract? More information should have concluded for a better picture of the situation.
There are many things that could have been done better within this situation. I feel that both parties made immense mistakes within this business plan. First of all, Wood and Morris should have discussed these ideas in a better environment, maybe an office or something. Also, these men should have prepared a written document revealing the oral ideas communicated between them. Secondly, before shipping the materials, Wood should have contacted Morris and gained approval for this. And lastly, if Morris did not want these widgets, he should have gotten back to Wood faster. If these scenarios were to be changed, I feel that the deal would be in a much better standing than what it is currently.
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