Can anyone Please help with these 2 Business Law Questions? ?

QUESTION 1) Dacia is working out the terms of a contract to purchase Reed’spaintings. Reed submits an offer in writing, which states that Dacia may have the first option to purchase each of his paintings within 30 days after completion, at $1,000 per painting. Dacia
submits an offer in writing that indicates her acceptance, but stipulates that if she’s unsatisfied with a painting after purchase,
she may return the painting for a full refund within 10 days of
delivery. Dacia and Reed are considered merchants under the
Uniform Commercial Code. What is the result of these events?

ANSWER CHOICES:

A. No contract is formed, and Dacia’s offer is a counteroffer.

B. A contract is formed, and Dacia’s additional terms become
part of the contract.

C. A contract is formed, and Dacia’s additional terms don’t
become part of the contract.

D. No contract is formed, and Dacia’s offer is treated as a
rejection of Reed’s offer.

QUESTION 2) Penny and Lynn enter a contract in which Lynn agrees to sell farm-fresh oranges to Penny. The contract expressly states that the oranges must be no more than one week old at the time of delivery. The parties entered the contract on March 1, and the terms of the contract state performance must occur by March 31. Due to a delivery problem, when the oranges are delivered on March 15, they’re two weeks old when they arrive. Penny rejects the goods. Lynn notifies Penny promptly that he intends to ship farm-fresh oranges before March 31. If Lynn does ship farm-fresh oranges before March 31, the result will be that...

ANSWER CHOICES:

A. Penny may reject the goods, because Lynn breached the contract by delivering nonconforming goods.

B. Penny may accept the goods, but doesn’t have to accept them, because Lynn breached the contract by delivering nonconforming goods.

C. Penny must accept the goods, because Lynn has the right to cure the defect within the time of performance set forth in the contract.

D. Penny must reject the goods, because Lynn breached the contract by delivering nonconforming goods.

THANKS.

robrobiii

1. The battle of the forms. I think the answer here is that a contract is formed, and the additional terms may or may not apply pending review by a judge. But C is probably the most correct. The contract is formed by action, and the common terms will be part of that contract, as well as some others according to UCC.

2. C. The contract is still in force, so time to deliver must be provided w/in the contract terms.

Iqbal E

A
C

Douglas S

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