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.
Already registered? Login
Not Account? Sign up
Enter your email address to reset your password
Back to Login? Click here