QUESTION 3 Strangely, Will goes missing without any explanation. The group brings in new resident of Hawkins named Max to their business. Max believes no one wants to play boring pen and paper games...

QUESTION 3

1. 
   

   Strangely, Will goes missing without any explanation. The group brings in new resident of Hawkins named Max to their business. Max believes no one wants to play boring pen and paper games and instead suggests they stock video games and add a small arcade so people can play games before they buy them.

   
   

   
   
   
   

   
   

   Max stocks the store’s arcade with several cutting-edge game consoles- Dig Dug, Dragon’s Lair and Donkey Kong. The strategy is a success and their store quickly sells out of all of its most popular gaming systems and games. Max decides to reorder from their game supplier. The game supplier’s representative brings by a written contract that reads:

   
   

   
   
   
   

   
   

   
   For the price of $1,999.00, Superior Game Supply will ship The Stranger Games Shoppe its premier games package, which includes the following:
   

   
   
   
   
   • 
     
     
     
     • 
       
       
       
       • 
         
         
         
         • 
           10 Atari 2600 gaming systems
           
         
         
         • 
           10 Dig Dug Game Cartridges*
           
         
         
         • 
           20 Donkey Kong Game Cartridges
           
         
         
         • 
           4 extra Atari Joy Sticks
           
         
         
         • 
           10 Space Invaders Cartridges
           
         
         
         • 
           20 Frogger Game Cartridges
           
         
         
         • 
           10 Centipede Game Cartridges
           
         
         
         • 
           20 Pac-Man Game Cartridges
           
         
         
         • 
           40 other randomly chosen Game Cartridges
           
         
         
         
         
       
       
       
       
     
     
     
     
   
   
   
   

   
   
   
   

   
   

   Max signs the contract for the store and the representative promises the order will be processed quickly. The Shoppe is anxious to get in the new games. Max is furious when two weeks later nothing has been delivered. Is her complaint justified? What thing(s) would a court consider in trying to determine if the contract was broken?

   
   

   
   
   
   

   
   

Mike, Dustin, Lucas and Will decide to go into business together operating a retail gaming shop called Stranger Games in their hometown of Hawkins, Indiana. Mike is concerned that their business may be governed by something called the UCC. What is the UCC and will it likely apply? What part, if any, of the UCC will be important? Will it govern all their contracts?

QUESTION 2

1. 
   

   The friends want to make their first order of supplies for their store. Lucas reviews a sheet from a vendor listing prices and types of monster miniatures. He believes the miniatures will be big sellers. He writes out a list of dozens of monsters he thinks the store should stock and faxes his list to the vendor. Is this a valid contract? Dustin believes it is not since the document is not signed by both parties and doesn’t list things like prices or how the items will be delivered. Lucas is adamant he is right. Who is correct? What does “open terms” mean?

   
   


2. 
   

   QUESTION 4

   
   

   
   

   
   
   1. 
      

      Assume that the supplier had delivered their last two orders within 3 days. Would that matter? How?

      
      
   
   
   2. 
      

      QUESTION 5

      
      

      
      

      
      
      1. 
         

         The gaming package finally arrives and quickly sells out. The Shoppe reorders another package. However, they are furious when the package arrives and the Frogger cartridges are missing their boxes and instructions. What is the duty of a Seller under the UCC? Was this duty breached in this case? What might the buyer be able to do in this case? What would you do?

         
         
      
      
      
      

      QUESTION 6

      
      
      
      
      1. 
         

         Assume the Shoppe had previously accepted games without boxes before from other sellers. Would that change your analysis? What about if they had accepted unboxed games before from this Seller? Would that matter?

         
         
      
      
      2. 
         

         QUESTION 7

         
         

         
         

         
         
         1. 
            

            Max is furious when the third reorder includes a “random assortment,” of 40 copies of Pong rather than 40 different titles. Does she have a legitimate complaint? Why or why not?