Contracts Keyed to Frierback
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The owner of a sporting goods store noticed that her tent stock was running low. After consulting various manufacturers’ catalogues, she decided to order from a large manufacturer of camping equipment whose catalogue listed the 9 x 12 tent that she wanted, at a cost of $70. On April 1, the store owner phoned the manufacturer and placed her order for 10 tents with the manufacturer’s sales agent. The next day, the manufacturer mailed the store owner a letter informing her that the tents were now $72 and that they would be shipped to her on April 16. The store owner received the letter on April 4, but she never responded. On April 15, she received a catalogue from another tent company showing tents similar to the ones that she ordered, but for a cost of $50. She immediately called the manufacturer with whom she had placed her order to cancel it. Nevertheless, the manufacturer shipped the tents to her on April 16.
If the manufacturer sues the store owner to enforce the contract, who will prevail?CorrectIncorrect
A movie studio mailed the following letter to the a large video retailer on January 15: “Due to an oversupply, we can offer you 29,000 videos of our $50,000,000 movie 1 for $27.50 per unit. We will also sell any quantity of movie 2 at $59.00 per unit. Delivery for both movies in March. This offer will expire on February 15.” The movie studio sent a cable to the video retailer on February 10 that stated, “Offer regarding Movie 1 and Movie 2 is hereby revoked.”
On February 15, the video retailer nonetheless cabled the movie studio: “We accept your offer, send 20,000 of Movie 1 in March, balance by April 15; 50,000 copies of Movie 2 in March.” What is the legal relationship between the parties on February 16?CorrectIncorrect
repairman spent two hours inside a home owner’s house checking all of the windows in expectation of doing repair work on them. On April 1, the home owner wrote the repairman a letter that said, “If you strip and seal all of my windows, I will pay you $750. I promise to keep this offer open for thirty days.”
The repairman wrote back on April 5, “I cannot do the work for one penny less than $1,000.” On April 10 the repairman wrote again, “I’ll do it for $750; your silence will constitute an acceptance.” The home owner received the repairman’s second letter on April 13 and chose not to respond. The repairman performed the work on April 30. The home owner was out of town at the time.
A contract between the repairman and the home owner was formed onCorrectIncorrect
Assume for this question only that before the coin dealer was able to revoke his offer, the investor sent a second cable requesting delivery of all fifty coins. Shortly after receiving the second cable, the coin dealer discovered that the coins had been stolen. The coin dealer’s best defense to an action brought by Investor for breach of contract isCorrectIncorrect