Question
Charlie of Purina Dog Chow Company visited Mary, vice president of Bide A Wee Dog Centers to solicit an offer of purchase of dog food
Charlie of Purina Dog Chow Company visited Mary, vice president of Bide A Wee Dog Centers to solicit an offer of purchase of dog food products manufactured by his company Mary was impressed by the presentation and told Charlie that her company would purchase
5,000 dog food units at $ 50 each with delivery in 90 days at a place to be determined. Several days later, Charlie sent Mary a letter by certified mail summarizing their discussion and the terms. On receipt of the letter, Mary threw it out. 90 days later, Charlie telephoned Mary and requested to know where to make the delivery. Mary said: " What are you talking about? I never signed any agreement. Go tell it to Judge Judy. We will not accept any delivery at that price!" NOTE: The present market price for comparable product is $30.
Question: Charlie consults you about his company's rights under the UCC. What defenses, if any, may Mary, the alleged purchaser raise? What must Charlie and his company demon strate to overcome any such defense(s)? Why? What damages, if any, may the aggrieved party, be entitled to recover and why?
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