In Orkal Industries V

question 294

Multiple Choice

In Orkal Industries v. Array Connector, where Orkal bought parts from Array by sending an order form, but Array confirmed with its own form that contained different terms. Orkal did not object to the different terms until litigation arose later at which point the added terms mattered. The courts held that under the UCC:

• A) the buyer, Orkal, controlled the terms, so the original order form controls the contract
• B) the buyer, Orkal, would have to provide new consideration for any change in the terms of the original contract
• C) the seller, Array, controlled because Orkal's form contained major defects that made it fail as sufficient to create a contact
• D) the seller, Array, controlled because under UCC 2-207, a sellers terms always control
• E) none of the other choices are correct

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Definitions:

Title VII

A section of the Civil Rights Act of 1964 that forbids discrimination in employment due to one's race, color, religious beliefs, gender, or country of origin.

Civil Rights Act of 1964

Landmark federal legislation in the United States that outlawed discrimination based on race, color, religion, sex, or national origin, primarily focusing on voter registration requirements, racial segregation in schools, employment, and public accommodations.

Punitive Damages

Compensation awarded to a plaintiff that goes beyond reimbursement for actual losses and is imposed to punish the defendant and deter such conduct in the future.

Remedial Seniority

A legal or policy provision granting certain employees priority in job reinstatement or promotion, often as a remedy in discrimination or labor disputes.