Elwood is a pig farmer who is known to enjoy a drink or two. One day in

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Elwood is a pig farmer who is known to enjoy a drink or two. One day in July, after a weekend of particularly heavy drinking, he staggered into the office of Pork Bellies of America and offered to sell all of his piglets. He promised to deliver them in October, as soon as they were fattened up. Hank, Pork Bellies's purchasing agent, saw that Elwood was extremely drunk, but decided to write up the contract anyway since the price was a fair one. After the deal was signed, Hank and Elwood went to the neighbourhood saloon to play darts and have lunch. The next day, after sobering up, Elwood was reminded about their agreement. In fact, over the course of the next two weeks, Hank and Elwood ran into each other on a number of occasions. Each time, Hank mentioned the deal, and Elwood acknowledged it. In September, the price of pork nearly doubled. Consequently, Elwood sent Pork Bellies of America a registered letter saying that he would not be delivering the pigs. He had decided to sell them to someone else at a higher price. Pork Bellies has sued Elwood. Will the court allow Elwood to avoid contractual liability? Give reasons to support your position.

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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