The assignment focuses on Company ethical and Legal Issues Analysis. Besides, there is also a description of Company website. So, discuss the claims ABC will make.

Company ethical and Legal Issues Analysis

Firstly, your answers should spot all of the legal or ethical issues raised in these questions. Secondly, it does not matter if you have the correct result so long as you raise and discuss all of the issues. Each essay question has more than one issue and the issues can be in different areas of the law that you have studied. 1.   ABC Company, which manufactures automobiles and is located in Connecticut, orders tires from XYZ company which is a tire manufacturer and located in Michigan. The order email reads as follows: “We hereby order 1,000, 16” in diameter Goodyear tires for a price of $50 each delivered to our plant in East Hartford, CT on or before two weeks from the date of this order”.

Company ethical and Legal Issues Analysis

The XYZ Company website provides that any orders submitted will be governed the terms set forth therein. Also, become part of any order agreement when XYZ ships the tires. Among other things, XYZ’s terms provide: Firstly, that XYZ may reasonably modify any order and any reasonable modifications are binding on the ordering party. Secondly, any actions against XYZ must be brought in Michigan courts.

Company ethical and Legal Issues Analysis

Within 2-1/2 weeks, XYZ ships and within 3-1/2 weeks, ABC receives, 800 tires half of which were 16” and the other half 15” tires. The invoice reads as follows: “We have shipped your tires. 400, 16” tires at $50 each and 400, 15” tires at $45 each. We shipped all of the 16” tires we had in stock filled the remainder of the order with 15” tires. Payment of $38,000 is due within 10 days.”

Company ethical and Legal Issues Analysis

Additionally, ABC only can use 16” tires and has no use for 15” tires. ABC writes back to XYZ saying that: (1) ABC will accept all of the 16” tires and pay for them; and (2) ABC demands that XYZ pick up the 15” tires and ABC will not pay for those tires or the shipping cost for return.  XYZ writes back and refusing to pick up the 15” tires and demands payment in full from ABC.ABC sues XYZ in Connecticut state court. Finally, please discuss the claims ABC will make and the defenses XYZ will have.

 

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