1- only need to fill these questions:
-Company Structure:
-Operations Management Strategy:
-Tactics and Strategies that the Company Uses to Remain Ahead of their Competitors:
_____________________________
from this issue :
The plaintiff sold and delivered to defendant at various times bricks for which defendant was billed for the total of 820$. On May 12, the plaintiff sent bricks which would have been worth 448$, if they had conformed to the contract. The defendant rejected them as non-conforming and asked the plaintiff what to do with those bricks. On August 3, the defendant wrote the plaintiff as follows:
Enclosed find check for 820$ which pays our account up to July 1. We have deducted the 448$ for non-conforming bricks.
Please advise us what disposition we shall make of these bricks for you.
Plaintiff received and cashed the check and now sues for the 448$, alleging that the bricks are conforming.
� ? Questions
1. 1. If you were representing the defendant what would you set forth in your answer?
The plaintiff breach the contract, and that what happened is that he brought non-conforming bricks.
1. 2. What issues will arise as to the validity of this defense?
The issue will be like that some people say that the bricks are conforming and some of them say it�s not. So, someone is laying and the analysis will decide who is it.
� ? Issue
Does the bricks are non-conforming?
� ? Rule
In the rule of selling something, the products have to be conform to what it is in the contract.
� ? Analysis
The plaintiff sold and delivered the non-conforming bricks to the defendant, which means that it�s not conform to the way it suppose to be. Then the plaintiff gave the bill to the defendant and it was 820$, and the contract says if the bricks are non-conforming the price will be 448$. But when the plaintiff delivered the non- conforming bricks the defendant said that he/she doesn’t want these bricks and he/she rejected them. After that the defendant wrote a check for the plaintiff for 820$ and he/she asked the plaintiff what disposition we shall make of these bricks for you. The plaintiff received the chick and cashed it. He/she sues the defendant for the 448$. And he/she was lying by saying that the bricks were conforming.
i need only to answer these things:
– I. VIII. Ethical and Diversity to the Issue:
– I. IX. Recommendations:
i need also 2 resources.
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