In AMJ Campbell V

question 143

Multiple Choice

In AMJ Campbell v. Kord Products Inc., a comma was inserted into the contract with the effect that both "freight" and "rebates" would be deducted from the sale price, rather than simply "freight rebates". This resulted in a difference of price amounting to $759,000. What was the result?

• A) The Court denied a request for rectification because a Court will not rectify a contract that is in writing.
• B) The Court allowed the request for rectification because one party had obviously made a mistake.
• C) The Court allowed the request for rectification because the price difference was significant.
• D) The Court denied a request for rectification because the appropriate remedy was rescission.
• E) The Court denied a request for rectification because it was not clear both parties had the same intention.

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Definitions:

Employee Free Choice Act

Proposed U.S. legislation aimed at making it easier for workers to form, join, or assist labor unions, and to provide for mandatory injunctions for unfair labor practices during organizing efforts.

NLRA

The National Labor Relations Act of 1935; legislation that protects the rights of employees and employers, encourages collective bargaining, and curtails certain private sector labor and management practices.

First Contract Settlements

Refers to agreements reached between a newly formed union and the employer, outlining the initial terms and conditions of employment.

Union Organizing Tactic

A strategy employed by unions to gain members and bargaining power within workplaces.