Case Study Report: Merchants Acceptance, Inc. v. Jamison – Case 9.1
The Merchants Acceptance, Inc. v. Jamison – Case 9.1 case as presented by Melvin and Katz (2015, p. 240) provides an example of the law and its relationship to the United Stated Constitution. Jamison purchased a set of encyclopedias for $1,652 plus a $95 shipping charge. Merchants Acceptance was assigned the contract to receive payment and complete delivery. The contract specified delivery of the encyclopedias to Jamison’s home address. The encyclopedias were shipped via United Parcel Service (UPS) to Jamison’s post office box instead of her home. Therefore Jamison refused to pay and cancelled the purchase.
Question One The first question asks, “Why would the law require Merchants to have title to something that was in Jamison’s own post office box?” Jamison and Encyclopedia Britannica had a destination contract. The UCC provides that delivery isn’t complete until the goods have been tendered at the specified destination; the P.O. Box wasn’t the specified destination. The delivery terms in the destination contract distinctly specified Jamison’s street address; therefore title to the books could be transferred only when they arrived at her home.
Question Two The second question asks, “Why did the court find it unnecessary to “delve into” the differences between shipment and destination contracts?” Because the delivery term in the contract was specified as Jamison’s street address clearly establishing a destination contract.
Conclusion I chose this case because of my background with the U.S. Postal Service (USPS) and AAA Wholesale Wallpaper. Within the USPS I have served as a Letter Carrier, Supervisor of Express Mail for Kalamazoo/Portage, MI, Automation Supervisor and Distribution Supervisor for Southwest Michigan. Within AAA Wholesale Wallpaper I held positions from Order Clerk in the Call Center, Nationally Certified Wall-Covering Consultant, to…