Case analysis – Chapter 11, Problem #1
Issue(s) – These issues are questions one might ask regarding how the law applies to the problem.
Rules – What are the laws/rules that you think may apply to the issues.
Analysis – This is where the writer either proves or disproves the application of the rules. This is a major focus of the paper….critical thinking must be applied.
Conclusion – What do you think needs to be done, and why. What are the learnings from this case
Please apply the above analytical structure to Chapter 11 Problem #1 on page 358
This assignment is to be double-spaced and typed in Times New Roman, Arial or Calibri font size 12 and to be submitted via CANVAS.
Cutting Packing Company contracted to purchase Blackwood’s apricot crop for a specific price. The purchase contract was assigned to the Packers’ Exchange of California. Blackwood refused to accept Packers’ in place of Cutting. Blackwood delivered the apricots to Cutting. Cutting delivered the apricots to Packers’ and they were refused. Cutting paid Blackwood the contract price and sold the apricots at the prevailing market price, which was less than the contract price. Cutting sued Packers’ for the price difference. Packers’ claims that since Blackwood did not accept the assignment to Packers’ there is no enforceable assignment and it owes nothing. Was there a valid assignment to Packers’? Is Blackwood’s consent necessary? Did Cutting have to accept and pay for Blackwood’s apricots or was this the sole responsibility of Packers’? Will Cutting recover from Packers’?