07/7/13 BA 18 Robert C. Schamlle Homework 3 I.
Frigaliment Importing Co. V. B.N.S International Sales Textbook P. 117 Facts Frigaliment Importing and B.N.S Corporation came into agreement that B.N.S will provide chickens for sale to Frigaliment. The contract contained two separate shipments in which each shipment contained different weighted chicken. Frigaliment received the first shipment and noticed that the heavier chickens were older chicken that were meant for stewing not frying. Frigaliment immediately sto24pped the second shipment and sued that they did not provide the right type of chicken in which they were asking for young chickens. B.N.S (the defendant) states that chicken can mean anything as long as they are in the same genome or species. Issue Does chicken only mean young chicken Holding No Rational Under the ruling, the court interpreted the word chicken in the way it was written into the contract. It never specified young chickens, just the word chickens. The plaintiff explained that chickens at that weight can only be young as it only makes sense. The defendant stated that the Department of Agriculture regulations says that Chickens is everything except goose, a duck, and a turkey. The court ruled that the plaintiff never narrowed the term of chicken within the contract and that the defendant acted within the contract guidelines. II. Discuss Questions 1. Procedural Due Process and Substantive Due Process are both under the Due Process Clause in which it protects deprivation to American Citizens of life, liberty, or property without due process of law (textbook pg. 167) Procedural Due Process means that every citizen has the right to a hearing before they are stripped from life, liberty or property. You cannot lock a person and throw away the key the defendant must have a hearing. Substantive Due Process limits what laws the government can impose on its citizens the laws must make sense. For example, the government cannot tell you who you can...
Please join StudyMode to read the full document