Critter Sitter, LLC, (hereinafter, Critter) is a kenneling and pet training business in Winter Haven, Florida.

On January 2, 2021, Critter saw an ad posted by Dundee, Inc., (hereinafter, Dundee) in a trade magazine indicating the following: "PET-NICE is the best product on the market for reducing aggressive and undesirable pet behaviors. Invented by Mick "Crocodile Dundee, star of the movie of the same name. Only $30 per device! If interested, contact P..c@gmail.commm"

Immediately after reading the ad, Critter's manager sent a message to the email address in the ad agreeing to purchase 50 devices PET-NICE devices for $15.00 provided that Mick Dundee would agree to help instruct him and Critter's employeeshow to use the devices.

In a reply email, also on January 2, 2021, Dundee stated: "I will sell you 50 devices for $20 per device or $1000. I also agree to be present when the devices are delivered to instruct your staff how to use them and then also be available for further instruction as needed" Critter immediately sends an email stating, "I accept this offer! Send me the PET-NICE devices by January 31, 2021. In a reply email, Dundee states, "Ok. We have a deal.I will be present on January 31st to instruct your staff. s/Mick Dundee."

After the email exchanges with Dundee, Critter prepares flyers and a radio commercial, at a total cost of $500, announcing use and sale of PET-NICE for $25 per device, using the slogan: "Get a better pet."

In response to the ads, by January 24, 2020, ten (10) pet owners have scheduled to board their pets at the Critter facility for $200 per week during the month of June; and, also by that date, Critter has received 20 purchase orders via its web-site for the device.

1. Which law,the UCC or common or general law of contracts, applies to the contracts, if formed:

(a)Between Critter Sitter, LLC, and Mick "Crocodile" Dundee;

(b)Between Critter Sitter and the pet owners who booked boarding space for June; and,

(c)Between Critter Sitter and the 20 pet owners who ordered PET-NICE devices from them?

(d).What test may be used by a court to determine whether the above contracts are to be reviewed under the UCC or the common or general law of contracts.Explain.

1. Assume that the UCC applies to the contract between Critter and Dundee for the purchase of the PET-NICE devices. Under the UCC, does the contract have to be in writing? Are the email exchanges between Critter and Dundee sufficient to establish a contract? Why or why not?
2. Assume that on January 20, 2021, Dundee sends an email to Critter indicating that due to a strike by aboriginals at his Australian outback factory producing the PET-NICE devices, he will be unable to deliver them by January 31, 2021 and that it will take at least a month after the strike is settled to do so. Assume also that collective bargaining meetings between Dundee and the aboriginal workers were going badly prior to the strike.(A). Under what UCC concept can Critter sue Dundee immediately based upon this communication?(B). What defense under the UCC might Dundee use in the lawsuitandwhat might Critter's response be to this defense?
3. Assume that PET-NICE was delivered per the contract, but the pets boarded by Critter continue to behave badly. WhatUCC warrantyconcept can Critter use to obtain relief?
4. In what Florida court could Critter bring a lawsuit against Dundee?What damages might Critter claim?