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Billy's bakery makes an agreement with Fred's flour company. Billy is buying 50 pounds of gluten-free flour from Fred. Billy sends Fred a purchase order,

Billy's bakery makes an agreement with Fred's flour company. Billy is buying 50 pounds of gluten-free flour from Fred. Billy sends Fred a purchase order, and Fred sends Billy an acknowledgment. However, Fred's acknowledgment states that the flour is wheat baking flour. Which of the following is true?

a)

Billy and Fred don't have a sales contract since Fred didn't 'mirror' Billy's offer.

b)

Fred materially altered Billy's offer, so Billy's terms still apply to the contract.

c)

Since Fred is the supplier, under the UCC he can update contractual terms as he deems necessary.

d)

Fred's different terms don't materially alter Billy's offer, so Fred's terms apply as long as he ships the flour.

James grandparents own a horse farm. For the past 50 years, grandparents have been handling all of the finances and contractual obligations of the horse farm. As they are aging, they ask James to move in and help them with the farm including the finances and contractual obligations. If he does as they ask, the grandparents tell James they will leave him the horse farm in their will. Based on what he was told, James gives up his job in the city and moves into and cares for the finances and contractual obligations of the horse farm. After a few years the grandparents tell James they have changed their mind and will not give him what they had promised. If James pursues a claim against his grandparents the best theory of recovery would be:

a)

third party intended beneficiary.

b)

specific performance

c)

third party incidental beneficiary.

d)

promissory estoppel

.

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