The contract that exists between the Genco Company and Dynamic Motors which state that both companies are merchants did not limit consequential damages that were binding the two parties from recovering its losses profit as consequential damages. Different states have their own version of the uniform commercial code. This body proposed a uniform law that refers to sales that reflected the area of commercial law that governs the goods that states that all the goods were to be contracted. For instance, the common law applies to the sale contract to the extent that the common law has not been modified by the users therefore when a conflict arises between the two parties this UCC need to step in and take control to solve the issue.
There is an existing agreement between the two parties and the losses are not allowed to be passed to the Genco Company since the Dynamic motors delivered their goods in absent of the agreement and the goods are not available in a document file. This will enable Genco Company to file a case in order for the Dynamic Motors to pay for its losses since an agreement is made on how these two companies were supposed to carry out their businesses was paid before the contract had come to an end. Since in this contract of the Dynamic Motors breach the contract the risk of losses is not supposed to be taken by the Genco Company. In this case, the court is required to determine which aspect of the sale is predominant to provide the required judgment on who is supposed to pay for the losses that occur
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My strong point in reaching out my on my decision on the Dynamic Motors to pay the losses is because there was no sign to the exchange of documents that provide proof that the Genco Company was responsible for all the losses that were incurred. Besides, since this contract of the Dynamic Motors breaches the contract the risk of losses is not supposed to be taken by the Genco Company. The Dynamic Motors move their goods in the absence of an agreement that shows that any losses incurred were to be taken to the other opponent company.