contract law essay question HELP!! 10 points best answer?

Posted by admin on Tuesday, September 15th 2009   
15
Sep

widget sells electronic gadgets. widget entered into a contract with dodgy, &the contract is fully enforcable. dodgy told widget there is a new product called divdo & is manufactured in taiwan. The Divdo is a new interactive game console & was given to widget to test. the staff loved it and they ordered 50,000 units from dodgy at .00 each. widget accepted delivery of the 50,000 units however while stocking the shelves they removed the divdo label & there was a "Mii" label underneath, & manufactured in china.there were a mixture of products in the boxes. There were some Miii’s, old Atari game systems & an assortment of old computers. Widget employees are now going through the entire shipment to determine what they have received from Dodgy.Of the .75 million purchase price, Widget has paid million. widget cant contact dodgy and is seeking legal advice on Litigation process; appropriate court to initiate proceedings; relevant law, (contract law) & victorian court rules.
this is in relation to australian law

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commenter
kanerosnov Said,
September 15th, 2009 @9:09 am  

If this is US law, this is a sales issue and is governed by the UCC. Widget should contact Dodgy and ask them to cure the error in delivery if it is an error. Unfortunately, the question says this isn’t possible. The units shipped are non-conforming goods and these goods have been discovered in the course of Widget’s inspection of the goods. Widget is not required to accept the goods. Unfortunately Widget has already paid for a portion of the goods.

If Widget is unsuccessful in making contact with Dodgy, it should bring suit. If Widget and Dodgy are in the same State the action should be brought in State Court in the appropriate division for the amount in contraversy. If Widget and Dodgy are in different states the action may be brought in Federal court as the amount in contraversy exceeds $75,000 and the parties have diversity.

Relevant law – Uniform Commercial Code and Common law Contracts

Victorian Court Rules – No clue as to this one sorry.

commenter
miss schlonky Said,
September 15th, 2009 @9:09 am  

I think you need the 10 points more than I do. Hit the books, jacko! Good luck :)

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