1.NationPoints Trucking, Inc., has a requirements contract with Oil & Gas Corporation that obligates Oil & Gas to supply NationPoints with all the gasoline it needs for its vehicles for one year at $2.30 per gallon. A clause inserted in small print in the contract by NationPoints, and not noticed by Oil & Gas, states, "The buyer reserves the right to reject any shipment for any reason without liability." For six months, NationPoints orders and Oil & Gas delivers under the contract without any controversy. Then, because of a war in the Middle East, the price of gasoline to Oil & Gas increases substantially. Oil & Gas tells NationPoints it cannot possibly fulfill their contract unless NationPoints agrees to pay $2.50 per gallon. NationPoints, in need of the gasoline, agrees in writing to modify the contract. Later that month, NationPoints learns it can buy gasoline at $2.40 per gallon from Purified Fuel Company. NationPoints refuses delivery of its most recent order from Oil & Gas, claiming, first that the contract allows it to do so without liability, and second, that it is required to pay only $2.30 per gallon if it accepts the delivery. Discuss NationPointss contentions.

2.Toby contracts in writing to sell his Ford-brand pick-up truck to Garth for $10,500. Toby agrees to deliver the truck on Friday, and Garth promises to pay the $10,500 on the following Monday. On Thursday, Garth tells Toby that he changed his mind and will not buy the truck. Over the weekend, Garth changes his mind again and tenders $10,500 to Toby on Monday. Toby has not sold the truck to another party but refuses the tender and refuses to deliver. Garth claims that Toby has breached their contract. Toby contends that Garths repudiation released him from his duty to perform under the contract. Who is correct, and why?