Can you help me understand this Law question?
5.3 – Assignment: Case Study – Battle of the Forms
Sally requests that you help her on an immediate problem she has with another business, Gravy Train, LLC. Her usual supplier was out the office, and she was referred to a different supplier to fill her order. Sally indicated that she faxed her usual pre-printed order form to the new supplier for $17,642.54. Within two days, the goods were delivered with the supplier’s pre-printed order form and invoice from the new supplier for $20,642.54. Sally then began to receive calls from the new supplier indicating that payment was overdue and that she now owes an additional $3,000 per the suppliers invoice that accompanied the goods. The invoice states that a $3,000 per 24 hours default nonpayment surcharge is assessed for late payments. She instantly retrieved their invoice and read the terms on the back of the invoice and realized that the supplier’s form did, in fact, have payment terms that demanded payment for delivery of goods to be paid within 12 hours of delivery of the goods. Sally noted that her form had a different term of payment that gave her 30 days net payment. The buyer left her a message that he was going to file suit immediately for her breach of the terms of his purchase order.
Sally asks that you advise her if the supplier is trying to rip her off or if this is this simply an error in whose terms apply. Here is a copy of the General Contract Clauses for Acceptance of Goods (PDF) that she is talking about. She believes she is in the right because she was the one ordering the supplies using her form and that she never signed any final contracts or reached an agreement with those exorbitant payment terms. What advice can you provide? Battle of the Forms Explained (Using a Few Short Words) (theContractsGuy) (Links to an external site.) is a helpful resource. This Checklist of Items to Consider is another good reference for this assignment.
Based on the information Sally has supplied you with, write your advice in a document and submit it for this assignment.
Grading Rubric:
MGMT 390 – 5.3 Case Study – Battle of the Forms
Criteria | Ratings | Pts | |||||
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This criterion is linked to a Learning OutcomeIdentification and Analysis of the Main Issues/ProblemThis criterion is linked to a Learning Outcome: Identification and Analysis of the Main Issues/Problem |
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25.0 pts |
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This criterion is linked to a Learning OutcomeAnswers to Research QuestionsThis criterion is linked to a Learning Outcome: Answers to Research Questions. |
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20.0 pts |
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This criterion is linked to a Learning OutcomeOrganization and CoherenceThis criterion is linked to a Learning Outcome: Organization and Coherence |
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20.0 pts |
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This criterion is linked to a Learning OutcomeLinks to Course Readings and Additional ResearchThis criterion is linked to a Learning Outcome: Links to Course Readings and Additional Research |
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20.0 pts |
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This criterion is linked to a Learning OutcomeStyle, Mechanics, and FormatThis criterion is linked to a Learning Outcome: Style, Mechanics, and Format |
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15.0 pts |
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Total Points: 100.0 |
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