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Essay Question 2Buyer, a car manufacturer located in Detroit…
Essаy Questiоn 2Buyer, а cаr manufacturer lоcated in Detrоit, and Seller, a paint manufacturer located in Philadelphia, enter into a contract for the sale of 1,500 cans of auto body paint at $10 per can. The agreement provides that Seller will ship the cans to Buyer by commercial truck, “F.O.B. Philadelphia.” The parties agree that delivery will be made no later than the close of business on March 1, with payment due no later than March 15. Seller delivers the paint on March 1. The shipment includes 100 boxes, with each box containing 10 cans of paint. Buyer immediately notifies Seller that 500 cans of paint are missing. Seller provides a bill of lading proving that, at the time Seller placed the goods into the possession of the trucking company, there were 150 boxes containing 1,500 cans of paint. When Buyer contacts the trucking company, the trucking company admits it received 150 boxes of paint from Seller and concedes that it must have misplaced or lost the other 50 boxes. Buyer buys 50 substitute cans of paint from another seller for $12 per can. Buyer’s warehouse employees, who are not trained in, and do not have knowledge regarding, paint quality, open each box, count the number of cans in each one, and check to make sure the paint is the correct color. Once the number and color of the cans of paint are verified, the boxes are stamped with Buyer’s company logo and storage location, and then placed in Buyer’s warehouse to be stored until they can be used. On March 5, Buyer pulls 10 boxes of paint from his warehouse for use in his products. When the first box is opened and the first can is removed, it is discovered that the can is punctured, causing the paint to dry out and become useless. Buyer’s employees review the other 90 boxes to check the integrity of the cans. Of those 90 boxes, 9 include punctured cans with dried out paint. On March 15, Buyer returns the ten boxes with defective cans to Seller, with a note stating that they are defective and are being rejected. In his communication to Seller, Buyer includes payment in the amount of $9,000 and states that $6,000 is being withheld for the 10 boxes containing defective paint cans and the missing 50 boxes of paint. Buyer then purchases 100 cans of paint from another source to replace those he returned to Seller, at a price of $1,200. In December, Buyer begins hearing complaints from his customers about the quality of the paint used in the manufacture of Buyer’s cars. The customers complain that the paint is corroding the bodies of the vehicles Buyer has sold. Buyer is forced to recall all vehicles in which the paint was used and refund its customers’ money, at an enormous expense to Buyer. Buyer then obtains 900 substitute cans of paint from a different source, at a price of $10,000. In January, Buyer revokes his acceptance of the 90 boxes of paint he previously paid for. Buyer sues Seller for return of the $9,000 paid for those boxes, and for his expenses in obtaining new paint, alleging breach of express and implied warranties. Seller counterclaims against for the $6,000 Buyer withheld in his March 15 payment. 1. Which party is in breach? 2. If Buyer prevails against either Seller or Can Co., what will be Buyer’s measure of damages? 3. If Seller prevails against either Buyer or Can Co., what will be Seller’s measure of damages?
Whаt quаntity оf cоlоr brochures will the аgent select?
A cylindricаl cоntаiner with а circular base оf radius $1$ meters is being filled with water. Currently, it is full tо the height $0.5$ meters. If the height is rising at $0.2$ meters per hour, then what volume of water is being poured per hour? (The volume of a cylinder is equal to the area of the base times its height.)