(1) Concepcion, the owner of Oceanside Digital Media,a company that collects and converts vinyl records into digital...
Question:
(1) Concepcion, the owner of Oceanside Digital Media,a company that collects and converts vinyl records into digital formats,sent the following signed letter to Pichardo, on May5:"I recently came into possession of the one of a kind, original vinyl master recording of Run DMC's first album,Run-DMC. I know that you are a collector of vintage rap music, so I thought you might be interested. I will sell theRun-DMCalbum to you for $500,000. This is a firm offer that will be open until May 20and will not be withdrawn before that date." Pichardo received the offer on May8.
On May10, Concepcion changed her mind and decided she did not want to sell the album. She sent a letter to Pichardo,which Pichardo received on May12,in which Concepcionstated that she was withdrawing her offer.
On May15, Pichardo sent a letter to Concepcion,accepting the offer.Due to a terrible storm, Concepciondid not receive the letter until May18.When Pichardo went to Oceanside Digital Media on May19to pay for the album and take possession, Concepcionsaid there was no contract and refused to take payment or give the album to Pichardo.
a. In an action by Pichardo against Concepcionfor breach of contract,judgment for whom?Explain.
b. Assume that Pichardo wins the breach of contract action.If Pichardo wants the album rather than damages,what remedy should he ask for? Explain.