• Call of the question
  1. What right or rights and can school prevail in a suit against bus company?
  2. What right or rights and can bus company prevail against school?
• Back and forth between a school and transportation company
• They were looking for the best company to transport for a field trip.
• Negotiation back and forth about the transport contract
• School contacted a bus company for 5 electric buses for a field trip.
• Preliminary negotiation: When school contacted the bus company asking if they could provide the buses.
• The bus company gave an offer.
• Then the school gave a counteroffer so there was a rejection of the offer terminating it and creating a new offer
• There was back and forth, and they eventually made a contract.
• Once the contract was formed something happened with the business providing the electronic buses and are not able to use the electric buses (this is a breach)
• This is due to a cold front coming in (Impracticability? Impossibility? Frustration Of Purpose? Anticipatory Repudiation?)
• school suggests to the original company to use gas powered buses but company 1 says "well that will cost 2,000 more.
• Spotted issues:
  1. anticipatory repudiation - when electronic buses weren't going to work then the school asked if they could use their gas-powered buses and it would cost $2000 more.
     • The school decided to reach out to another company that would do it for $1000 more instead of the $2000.
  2. Preliminary negotiations
  3. Offer
  4. Counteroffer.
  5. Another counter offers.
     • At this point they had meeting of the minds and formed a contract
  6. Anticipatory breach - regarding changing terms up.
• At this point they go with a different company created 2 lawsuits against each company