Question
A tent company is currently facing a lawsuit by Miguel and Maria Andujar (MMA) on two issues. The first involves the fact that they sold
A tent company is currently facing a lawsuit by Miguel and Maria Andujar (MMA) on two issues. The first involves the fact that they sold MMA three items: 1) a 10 x 10 easy pop up canopy tent 2) a 12 x 12 Ultra Gazebo Tent and 3)a 10 x 15 Family Tent. Remember that MMA own The Tent House, a retail store where they have been selling tents and gazebos to the general public for 20 years. Somehow, they all forgot to include the prices of these three items! They sold 3) to MMA last year for $ 500 and apparently their contract has a provision on page 7 that states that the Gazebo will be sold at 60% of the price of 3). They have never dealt with them on 1) however. Is the tent company completely free to set any price they want on these items? The second issue involves their Super Large 20 x 30 tent that they sold to MMA 3 weeks ago for $ 1,000. Recall that this was done over the phone and that they sent them a note confirming that phone sale two days after the sale and they have not responded. Now MMA are coming out and saying that said deal is completely unenforceable since it was over the phone. Are they correct? To Summarize, then:
- CAN THEY SET ANY PRICE THEY WANT ON THE THREE ITEMS NOTED ABOVE YES OR NO AND WHY AND, IF NOT, WHAT PRICES WILL BE USED AND WHY?
- IS THE PHONE DEAL COMPLETELY UNENFORCEABLE AS MMA ARGUES YES OR NO AND WHY?
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