Question
Father Henry Foreman initiates a conversation over the phone on April 15, 2020 with the Fubarski Meat Market in Linden, N.J. wherein Father Foreman orally
Father Henry Foreman initiates a conversation over the phone on April 15, 2020 with the Fubarski Meat Market in Linden, N.J. wherein Father Foreman orally orders 2,000 lbs of kielbasa at $3.00 per pound for the annual St. Stanislaus Parish Picnic to be held on the church grounds on May 7, 2020.
Later, the parish council cancels the picnic because too few tickets were sold, but Father Foreman had failed to notify Fubarski and the kielbasa is nonetheless delivered.
Fubarski brings suit against Father Foreman for the contract price of $6,000.
- What defense might Father Foreman make if he is sued for breach of contract?
- Let's change the facts a bit..... Suppose that Father Foreman had accepted the sausage on the morning of the picnic?Would that change the result?Why?
- Suppose that shortly after the phone conversation, Fubarski had sent the following memorandum to Father Foreman:
"Dear Father Foreman:Thanks for your order of the sausage.We will have it at the picnic grounds by 10 A.M. on Sunday, May 7, 2020."Father Foreman received the memo (sent via registered mail) on May 1, 2016, but did nothing with it.Does this change the situation?Why or why not?
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