there is a grading rubric for how the answer should be
First, list and define the essential elements of a contract. Second, distinguish between contracts that are covered by the Uniform Commercial Code (“UCC”), and those that are covered by the common law. (Please note that selected portions of the UCC are in the back of your text.) Third, explain the doctrine of promissory estoppel.
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2Class, with the different editions of the textbook in use, I understand that some problems have been renumbered or altogether substituted. So, I have retyped the question I would like for you to discuss.
The following discussion question is found at page 184 in Chapter 9, Question 13, from Mann, R. A. and Roberts, B.S. (2009).Business Law and the Regulation of Business (10th ed). Mason, OH: South-Western Cengage Learning:
“Richardson hired J.C. Flood Company, a plumbing contractor, to correct a stoppage in the sewer line of her house. The plumbing company’s “snake” device, used to clear the line leading to the main sewer, became caught in the underground line. To release it, the company excavated a portion of the sewer line in Richardson’s backyard. In the process , the company discovered numerous leaks in a rusty, defective water pipe that ran parallel with the sewer line. To meet public regulations, the water pipe, of a type no longer approved for such service, had to be replaced either then or later, when the yard would have to be excavated again. The plumbing company proceeded to repair the water pipe. Though Richardson inspected the company’s work daily and did not express any objection to the extra work involved in replacing the water pipe, she refused to pay any part of the total bill after the company completed the entire operation. J.C. Flood Company then sued Richardson for the costs of labor and material it had furnished. Richardson argued that she requested correction only of a sewer obstruction and had never agreed to the replacement of the water pipe. For what, if anything, is Richardson liable?” Discuss.
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