1. Was there a valid contract? Explain why or why not. 2. Explain the arguments of both sides if SSI sues for breach of contract, and what you think the remedy would be?
Jane is the President of a Canadian company called SmartStick Inc. ("SSI"). SSI is a manufacturer and supplier of specialty carpets. Customers of SSI are complaining that the non-slip backing on its carpets are not sticking to the floor properly and some of the rubber on the back of the carpets is peeling off. In order to fix the problem, Jane asks one of her employees, Renee, to find a new stronger, longer-lasting adhesive that SSI can use to attach the rubber to the backs of its carpets. Renee starts searching the internet for a new supplier of adhesive but finds there are countless suppliers and it's very time consuming. As Renee is very IT savvy, on June 15th he creates an extra page on SSI's website with lots of key words relevant to adhesive providers and it states: "SSI needs a new adhesive and will contract with the party who will supply 25,000 kgs of clear, non-toxic adhesive and which costs no more than $100/kg." Perfcement Corporation is a very small company located in Mumbai, India ("PC") that makes sealants and adhesives and has been in business for just under 2 years. Patrick is the President of the company. Cameron, an employee of PC who is keen to impress Patrick with new customers, sees SSI's webpage when he's at home that night using his work laptop. On June 16th, Cameron sends an email to the link he finds at the bottom of the SSI webpage and writes: "Very pleased to see this; can guarantee supply of hyper-sticky, safe, clear adhesive for $90/kg; delivery within 15 days; payment in 30 days; suggest we get together and we'll present the purchase at Perfcement's location at 1400 Corporate Crescent, Detroit, USA on June 20th, 4:00pm, Conference Room B". Renee sees the email the following day. He quickly forwards it to Jane, copying Cameron, and advises Jane that he's located a new provider at a great price. Jane glances at the email while rushing to a meeting. The words "hyper-sticky" grab her attention so she excitedly replies to all writing: "This is outstanding - I need clear adhesive that bonds extremely well - see you soon!"