Question

IRAC Scenario

Peter calls ABC flowers and the following conversation occurs with Jane from ABC.

Peter: Hello, I would like to order 12 dozen red roses for my mother for Mother’s Day”. She lives in Glendora, CA.

Jane: The current price for 12 dozen red roses (144 roses) is $599, we take Visa, MasterCard and American Express, and that price includes delivery anywhere in Glendora.

Peter: Wow, sounds good! Here’s my credit card information, I’ll take the 12 dozen roses.    

ABC contracts with Flowers R Us (FRU) to deliver flowers in the Glendora area. FRU contacts mom the day before the delivery to confirm her address. Mom was very excited for the upcoming delivery, because just yesterday she had ordered flowers from ABC flowers for a funeral she was attending. Mom decided to bring her son’s flowers to the funeral and canceled her order with ABC Flowers.

The next day the delivery person from FRU showed up to mom’s front door with the 12 dozen yellow flowers and asked for an additional $100. FRU states that they couldn’t deliver the flowers because FTD should have charged her son $699. Although Mom reluctantly pays the extra $100 for the 12 dozen roses, she is not satisfied because Peter was promised 12 dozen red roses not yellow roses.

IRAC.

Answer 1

Issue

Did the goods delivered by FRU had some non-conformity?

Did FTD flowers breach the agreement by having the flowers delivered on its behalf by FRU?

Did by FRU breach the agreement on the agreement on the price?

Was the agreement valid when FTD flowers was not the party making the delivery as agreed?

Rule

Under the UCC rule, a seller may not deliver non-conforming goods.

Under the UCC rule, a seller may not change the price without informing the buyer in advance

Under the UCC rule, a seller may not hire or contract another party to deliver products which were specifically ordered from its company/business

Analysis

Jeff had called FTD flowers to order 12 dozen red roses for his mother but FTD contracts with Flowers R Us (FRU) to deliver flowers in the LA area without notifying the buyer (Jeff). Under the UCC rule this is a breach of the agreement. Had Jeff wanted FRU flowers he would have called them.

Jeff had ordered red flowers but FRU ended up delivering yellow roses instead. This is a breach of the conformity UCC rule. This way, the flowers are non-conformity and amounts to breach of the UCC rule

FRU changed the price upon the delivery by charging $100 on top of the agreed amount. This is a breach of the entire contract making it void. Under the UCC rule the seller should delivery the product upon the agreed price

Conclusion

FRU is liable for the breach of the agreement by changing the price

FTD is liable for the contracting without notifying the buyer

FRU is liable for breaching the conformity of the products rule

FRU and FTD should compensate Jeff and his mother for the damages suffered