Legal Question in Business Law in Texas
Contract Regarding Purchases of Cereal
A business has a written contract with a vendor to purchase twenty cases of cereal per month. The contract does not state the type of cereal or how the cases will be divided up between locations. The vendor recently suffered the severe water damage in its warehouse due the thirty year flood that struck over the past weekend. The vendor does not have enough undamaged cereal to comply with its business contract, with the exception of Big Flakes. On the day delivery was due, the business received ten cases of Big Flakes at three locations. The business had faxed a request twelve days before the delivery was due that fifteen cases containing a variety of cereals be delivered to five stores with the balance going to the businesses warehouse. So, the business wants to reject the shipments and cancel the contract with the vendor. The vendor argues that based on the gap-filling rule they have the right to modify the terms of the contract. What rights does the business have under contract of law and what rights does the vendor have under contract law? What remedies are available to both?
1 Answer from Attorneys
Re: Contract Regarding Purchases of Cereal
Check out the duties and responsibilities under Chapter 2 (Sales) of the Texas Business & Commerce Code. This smells more like a law school question than a true business question.
Related Questions & Answers
-
Interlocutory Default Judgment With this type of judgment, can I pursue collection... Asked 3/22/04, 2:00 pm in United States Texas Business Law
-
Privacy I own a business building in Canton, Tx that I have up for sale. The land... Asked 3/08/04, 9:18 am in United States Texas Business Law
-
Texas LLC - How to buy out member? We have a 2 member Texas LLC formed in Nov 2002.... Asked 3/07/04, 12:55 am in United States Texas Business Law
-
Trade Name I am being asked by Intel Corp. to change my Inc. name from Med-Intel,... Asked 3/05/04, 4:31 pm in United States Texas Business Law
-
Arbitration clause in contract A contract I a party to has an arbitration clause... Asked 3/05/04, 2:36 pm in United States Texas Business Law