Write a persuasive paper. Write a one- to two-page (250- to 500-word) persuasive paper responding to Critical Legal Thinking Case # 18.3 from the textbook: 18.3Battle of the FormsDan Miller was a...

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Write a persuasive paper.

Write a one- to two-page (250- to 500-word) persuasive paper responding to Critical Legal Thinking Case # 18.3 from the textbook:


18.3Battle of the FormsDan Miller was a commercial photographer who had taken a series of photographs that appeared inThe New York Times.Newsweekmagazine wanted to use the photographs. When aNewsweekemployee named Dwyer phoned Miller, Dwyer was told that 72 images were available. Dwyer said that he wanted to inspect the photographs and offered a certain sum of money for each photoNewsweekused. The photos were to remain Miller’s property. Miller and Dwyer agreed to the price and the date for delivery.Newsweeksent a courier to pick up the photographs. Along with the photos, Miller gave the courier a delivery memo that set out various conditions for the use of the photographs. The memo included a clause that requiredNewsweekto pay $1,500 each if any of the photos were lost or destroyed. AfterNewsweekreceived the package, it decided it no longer needed Miller’s work. When Miller called to have the photos returned, he was told that they had all been lost. Miller demanded thatNewsweekpay him $1,500 for each of the 72 lost photos. Assume that the court finds Miller andNewsweekto be merchants. Are the clauses in the delivery memo part of the sales contract?Miller v. Newsweek, Inc., 660 F.Supp. 852, 1987 U.S. Dist. Lexis 4338 (United States District Court for the District of Delaware)


As always please use only American sources for this assignment. Don't use sources that are payable. Only use free sources.
Please write in basic English as I am an international student.



Answered Same DayFeb 11, 2021

Answer To: Write a persuasive paper. Write a one- to two-page (250- to 500-word) persuasive paper responding to...

Perla answered on Feb 11 2021
157 Votes
Running Head: BUSINESS LAW PERSUASIVE PAPER
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BUSINESS LAW PERSUASIVE PAPER
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BUSINESS LAW PERS
UASIVE PAPER
Discussion: Miller Vs Newsweek
The clauses in the delivery memo are not part of the sales contract. In fact, there is certain amount of uncertainty in this context as the stand of law is not very much clear in this issue. As per the Supreme Court proceedings in Delaware there are no any decisions existing in this regard as of now. Article II is not applicable to the bailment contracts as UCC is not applicable there in. According to White (2018), it is true that the delivery memo has no any legal significance and the Newsweek is not liable for the damages and late penalty clauses as they are related to this issue...
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