Question
Barb operates a business called Barb's Guitar Sale SuperCenter and as the name implies, she is in the business of sellingall kinds of guitars. Dylan
Barb operates a business called "Barb's Guitar Sale SuperCenter" and as the name implies, she is in the business of sellingall kinds of guitars. Dylan arrives at the business and startsadmiring the only "Winkler XML Model" acoustic guitar she has instock. The normal price of this extremely hard to find guitaris $6,000, but Barb says that she will sell it to Dylan for $5,000.Dylan says "let me think about it". Barb writes out on a yellowsheet of paper that says -- "I hereby offer to sell myWInkler XML Model acoustic guitar to Dylan for $5,000 andagree to leave the offer open for 10 days /s/ Barb" and hands thewriting to Dylan. Shortly after Dylan leaves, Riley calls Barb andasks her if she has any Winkler XML Model guitars in stock.Barb tells Riley that she does and to come on down to look at it.As soon as she gets off the phone with Riley, she phones Dylan andtells him that she is no longer willing to sell the guitar to himfor $5,000. The next day Dylan writes "I accept" on the yellowsheet of paper and takes it to the Guitar Super Center and demandshis Winkler XM Model acoustic guitar. Barb declines. Who willwin and why?
A. | Barb will win unless Dylan signed the agreement because Dylan isthe party to be charged. | |
B. | Barb will win because the revocation was effective uponcommunicating it to Dylan. | |
C. | Dylan will win because the revocation was not effectivegiven that Barb's Guitar Center Super Center is a merchant andBarb made a firm written offer. | |
D. | Dylan will win because of the parol evidencerule. |
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The detailed answer for the above question is provided below answer B Barb will win because the revocation was effective upon communicating it to Dyla...Get Instant Access to Expert-Tailored Solutions
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