Seller failed to give reasonable assurances

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted April 7, 2021 11:32 AM

Carbon black, a strengthening ingredient in rubber products, is a crucial component of items manufactured by BRC Rubber & Plastics. It tried to lock in a supply of 1.8 million pounds of carbon black annually for five years through a contract with Continental Carbon Co. But Continental allegedly tried to take advantage of a shortage in the worldwide supply of carbon black by repeatedly trying to jack up the price. Relying on one of the major reforms Professor Karl Llewellyn championed as part of the Uniform Commercial …

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