Commercial Law Assignment: Analysis of MT and SLimeX Agreement

This assignment solution addresses a commercial law problem involving Marlex Transport (MT) and SLimeX (SLmX). The scenario involves MT, a transport company, entering a contract with SLmX, an oil mud processor, for the shipping and processing of oil mud. The solution provides answers to four key questions. Question 1 analyzes the duties and liabilities of Marlex Transport as a carrier, emphasizing the required quality of transport cars and responsibility for potential damages, even in high-risk areas. Question 2 examines the potential contract amendments needed if the mode of transport changes from rail to diesel trucks and if processing locations expand. Question 3 discusses the application of the Uniform Commercial Code (UCC) to the sales and service aspects of the contract. Finally, Question 4 addresses the importance of including clauses about acts of danger, similar to perils of the sea, in the contract to account for potential risks and delays during transportation. The solution is supported by a reference list of relevant legal and commercial sources.

Commercial Law

Table of Contents
Answer to Question 1.................................................................................................................3
Answer to Question 2.................................................................................................................3
Answer to Question 3.................................................................................................................3
Answer to Question 4.................................................................................................................4
Reference List............................................................................................................................5

Answer to Question 1
The rail transport cars should be of such a quality that it would help in the delivery of oil mud
from Kentucky to Houston in an effective and efficient manner as far as worthiness is
concerned with reference to the duties of Marlex Transport accordingly. As the
transportation of the oil mud would be through the risky areas pertaining to the fact that the
tracks would be around the facilities with regard to the production of harmful chemical and
ammunition items, the liability for any kind of damage to the oil mud during the course of
transportation would solely rest upon Marlex Transport accordingly. If it is determined by
the history that the risk pertaining to the derailing is around forty per cent, then also Marlex
Transport would be liable accordingly as far as the responsibility pertaining to the smooth
delivery of the oil mud is concerned. As a result, it is imperative that the duties of a carrier
would be applicable to Marlex Transport accordingly as far as the shipment of oil mud in a
proper and appropriate manner is concerned thereby leading to the desired outcomes as far as
the receipt of goods by SLimeX is concerned.
Answer to Question 2
There would be changes in certain terms and conditions of the commercial contract as far as
the mode of transport being diesel trucks instead of trains is concerned. The changes would
also be made as far as the processing from California and New York in addition to Kentucky
is concerned accordingly. As a result, amendments to the respective clauses of the contract
between Marlex Transport and SLimeX are to be made accordingly and executed
subsequently as mutually agreed upon by Marlex Transport and SLimeX. As a result, the
transportation on an interstate basis has to be carried out accordingly on the diesel trucks
since the processing of the oil mud by Marlex Transport would be done not only in Kentucky
but also New York and California which would be cost-effective in nature for SLimeX being
the purchaser of the products related to oil mud. As a result, it is imperative that the necessary
changes are to be incorporated in the commercial contract between Marlex Transport and
SLimeX as far as the appropriate terms and conditions pertaining to transportation and place
of processing are concerned.

Answer to Question 3
The Uniform Civil Code is the compilation of the Uniform Acts with regard to the
harmonization of sales and related transactions on a commercial basis across the United
States of America. The aspects pertaining to the sales of the product Marlex Transport
between Marlex Transport and SLimeX are governed by Article 2 of the Uniform Civil Code.
The various transactions pertaining to the services involved are governed by the applicable
relevant provisions of the Uniform Civil Code. As a result, the aspects pertaining to Uniform
Civil Code with regatrd to sales of the product Marlex Transport between Marlex Transport
and SLimeX and related services are justified.
Answer to Question 4
The aspects pertaining to the acts of danger should be inclusive in the contract between
Marlex Transport and SLimeX as far as the delivery and transportation of the oil mud with
regard to sales is concerned. It is equivalent the exception pertaining to perils of the sea in
case of contracts pertaining to carriage of goods by sea. The act of danger must imply the
taking of alternative routes even if it involves time consumption and more expenses
accordingly. As a result, it is imperative that the exceptions are to be taken into account as far
as fatal consequences are concerned.

Reference List
Bäckdén, P., 2019. The Contract of Carriage: Multimodal Transport and Unimodal
Regulation. 6th ed. Abingdon: Taylor & Francis.
Gabriel, H., 2018. Uniform Commercial Code Article Two Revisions: The View Of The
Trenches. Barry Law Review, 23(2), p.4.