1.When last we encountered Daniel, a resident of Boca Raton, Florida and an aspiring film maker, he had been driving his car to New York City when he had an accident in North Carolina.After getting a loaner car through his insurance company and arriving in New York City, Daniel had a series of meetings with individuals interested in financing independent film projects such as those that Daniel planned to undertake.After one such meeting with Evandro, a wealthy real estate investor who lived in Manhattan and wanted to branch out into investments in the arts, Daniel and Evandro reached agreement on the terms of an investment by Evandro in Daniel's current film project.The two of them agreed at a lunch in Manhattan that Daniel would start production of the film within 9 months of their agreement, that Evandro would provide $150,000 in initial financing for the project when Daniel started production of the film and that Evandro would be entitled to 25% of any profits generated from the film.Daniel would take all other economic risk with respect to the film project and would have artistic control over the film's content.The two shook hands before leaving the restaurant.Later that day, Daniel sent Evandro an e-mail message detailing the agreement's terms.Evandro replied to the e-mail message, confirmed that the summary of terms was correct and concluded the message as follows:"Thanks for the lunch.Evandro."Based on Evandro's agreement to provide the initial financing for the film project, Daniel purchased some specialized camera and microphone equipment for $30,000 and hired actors, agreeing to pay a total of $75,000 in compensation to the actors.Daniel was ready to start production of the film 6 months after the meeting with Evandro, and he sent another e-mail message to Evandro to notify him that the film production was set to begin and to arrange for Evandro's payment of the $150,000 investment.Evandro replied to this e-mail message from Daniel, but he told Daniel that he did not believe that they had an agreement with respect to the investment.He told Daniel that he would not make any investment in any film project at this time.Daniel has come to you for advice concerning his rights against Evandro.

a.Is there a valid contract between Daniel and Evandro with respect to the investment in Daniel's film project?Why or why not?

b.Where would Daniel be able to file his lawsuit against Evandro?What are the bases for jurisdiction in each possible court in each possible state?

c.If a court were to find that there is no contract between Daniel and Evandro, is there any other possible basis for Daniel to recover against Evandro?What would be the basis of that recovery?

2.Christian, a fine-art dealer, offers by e-mail to sell a rare piece of Filipino traditional artwork to Alon, another fine-arts dealer, for $150,000, specifying in the offer that insurance and shipping are to be paid for by Alon, as the buyer.Alon responds by return e-mail the next day, stating in pertinent part, "I accept.Insurance and shipping costs divided equally between seller and buyer.Payment to be made upon delivery."Christian does not respond to Alon's e-mail message.

a.Do the parties have a contract? Why or why not?

b.If the parties have a contract, what is the payment term for the contract?

c.If the parties have a contract, what term applies with respect to insurance and shipping costs?

d.Christian and Alon have a certain status pursuant to the UCC.What is that status and why is it important?