Question

Research Data Corporation sells access to its database of scientific research to users for a certain price per month. Research Data files a suit against its user Tom when, in violation of their contract, he stops making payments. Tom claims that the deal is unconscionable. The court will most likely consider:_________

Answer 1

Answer: The court will most likely consider the right of the Research Data Corporation be paid for the services rendered to Tom

Explanation:

A contract for the sale of goods is when there is an agreement between the buyer and the seller to exchange goods or services in return for value consideration known as price. A sale occurred in a contract for the sale of goods when the ownership of the goods passes to the buyer. The terms of the contract for the sale of goods include price, subject matter,conditions, and warranty. The breach of condition in a contract for the sale of goods gives the other party in the contract the right to repudiate the contract, in a contract for the sale of goods the buyer may reject the goods as a result of breach of conditions.

In a contract for the sale of goods, the buyer will be known to have accept the goods if the buyer communicate his approval to the seller of the goods. It also includes the retain of the goods by the seller without informing the seller of the rejection of the good within a reasonable length of time. Therefore, in the case under consideration Tom the user of the services rendered by Research Data Corporation has been showing the conditions of accepting the good when he has been making payment untill he suddenly stops making payments. The buyer for the fact that he has been paying shows that he his totally satisfied with the services rendered because he has not made the notice of rejection known to the buyer by refusing to pay in the first instance. But since he has not done that, the court will rule in favour of Research Data Corporation because Tom has failed to fulfilled his own side of the agreement in the contract.