A. Brad, a recent Baruch College graduate, just opened a retail clothing business in Brooklyn. Prior to opening his shop, Brad did extensive research and knows which brands can be purchased at the best price. On November 20th, he receives a written offer from Jay's Denim Co. to buy 10 dozen bell-bottom jeans at $100 per dozen, delivery by December 10th. The offer states that it expires on December 4th. Before he accepts the offer, Brad learns from Julie, his girlfriend, that the same model denim jeans are selling for $90 per dozen at Annie's Denims. Julie knows this because Sally, her next-door neighbor, showed her the written offer from Annie's Denims. Brad is desperate to stock his shelves in time for the Christmas shopping season and mails acceptance letters to both Jay's Denim and Annie's Denim on December 4 th . These acceptance letters are received on December 6th.

As of December 15 th , neither Jay's Denim nor Annie's Denim has delivered the goods ordered. When Brad calls each company to inquire about the delay in the shipments, both companies claim that they do not have contracts with Brad. Can Brad successfully sue Jay's Denim? Annie's Denims?

B. Assume instead, that Brad buys 100 dozen denim jeans from Jimbo's Jeans Co. at $100 per dozen. The goods are delivered on time to Brad. However, Brad just discovered that 10% of the jeans are defective and refuses to pay the $10,000 invoice. Jimbo's insists that they delivered top quality goods to Brad. Brad mails a $9,000 check payable to Jimbo's Jeans and marks the check "paid in full". He attaches a post-it to the check and explains why he deducted the $10,000 amount.

i. Should Jimbo's Denims cash this check? What, if anything, can Jimbo's Denims do should they decide to cash the check? ii. Would your answer be different if Brad had Tony, his assistant, deliver the $9,000 payment, in cash, to Jimbo's?

iii. Would your answer be different if Jimbo' Jeans cashes the check from Brad for $9,000 but asserts that Brad is lying about the quality of the jeans. Jimbo's Jeans then asserts fraud in its claim for the other $1,000 against Brad.