Evaluate scott legal position in this matter – Business Law and Ethics
Case Study 1-
Michael Scott orally agreed to purchase a surveillance system priced at $35,000 from Sadiq. Scott wanted to use the system to monitor employee activity on the company’s computer system. The sale of the system also included a one-time setup service visit priced at $500. The total contract price amounted to $35,500. The surveillance system was delivered and set up, and Scott paid $35,500. Afterwards, Scott discovered that he could obtain the same goods and services from another seller for a total contract price of $30,000. Scott now seeks rescission of the contract, based on the fact that more than $500 in goods were involved in the sales transaction, that the contract between Sadiq and himself was subject to the statute of frauds as a result, and that the oral agreement between them was therefore unenforceable. Scott wants to return the surveillance system to Sadiq, and receive reimbursement of $35,000 (He is willing to waive his claim to reimbursement for the $500 setup service visit.) Evaluate Scott’s legal position in this matter. using the Common Law of Contracts or the UCC.
Case Study 2-
Danny was looking for a birthday gift for his father, Frank. Frank loved cigars; however, Danny was a nonsmoker. While Danny was looking around the Butt Hutt, a local cigarette and cigar store, the owner suggest Danny try a new cigar, imported from Jamaica. The owner stated that the new cigar is just like Cuban cigars. After some hesitancy, Danny lit one up. The cigar had a surprisingly aromatic smell and took seven or eight minutes to consume. Danny purchased a box of the cigars and gave them to his father on his birthday. When Frank smoked one of the cigars, it gave off a bitter obnoxious smell and was consumed in less than four minutes. When Danny saw this, he was upset and asked his father to try another cigar. The same situation was repeated with offensive smell and the cigar burning down very quickly like a cigarette.
