Bus 311 week 2 dq 2


Ashford 3: – Week 2 – Discussion 2

The Uniform Commercial Code (UCC)


  Read the Ace Heating and Cooling scenario in your text and answer the   following questions:

  a.    Under UCC 2-302, who has the best chance of getting out   of the contract due to unconsionability?
  b.    The symbol for justice features a woman wearing a   blindfold illustrating that the law should be applied the same way regardless   of who the parties are. Does the UCC rule seem to contradict this? Which   approach do you think is more ethical?
  c.    Note that both Glamour and Shady Rest are businesses,   and courts rarely find that contracts between two businesses are   unconscionable. The rationale is that a business is a sophisticated entity,   familiar with transactions and able to protect itself. Do you think Glamour   and Shady Rest are in a comparable position in regard to this contract? Why   or why not?

  Guided Response: Respond to at least two of your classmates, explaining your   position and why you agree or disagree with their comments. Do you think the   contracts are fair or unfair considering the parties had a disproportionate   ability to bargain? Under UCC Section 2-302 the court has the discretion to   find the contract unconscionable. Do you think this is a good approach? What   other methods to resolve this issue is appropriate?   

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