"Hey Nikki!" shouts Nate after just having gotten the day's mail....

"Hey Nikki!" shouts Nate after just having gotten the day's mail. "Guess what! ... your boyfriend Marley just broke up with you!" shouts Nate while Nikki is assisting a customer. "What're you talking about?" asks Nikki. "Here" Nate hands her a letter. She reads the letter from their lawyers and smiles. The StarFish Canned Mackerel Company has decided to drop any issues they had after the attorneys explained the law to them. "Keep reading," says Nate. And sure enough, "Finley" has been approved by the U.S. Patent and Trademark Office. Double good news celebrated with a double-shot of espresso. So now it's time to do some business and make some money. Nikki has just the thing. She was waiting until all of this legal mess was behind them, but she has learned that a major restaurant chain in the area is looking to carry an exclusive brand of coffee. It's the perfect plan to expand Fin's Up Imported Coffee into a well-known name. She goes to the desk in the back office and opens the drawer to retrieve a post-it note with a name and phone number. On the yellow slip of paper is the phone number for Randy Oldood. He's a very wealthy 57 year old entrepreneur, shareholder, and officer of a very successful restaurant chain called "Chez Suave." They have a total of 23 restaurants in 5 states along the eastern United States and are showing signs of even more expansion. After a brief exchange of voicemails, a meeting is set at the Chez Suave in Wilmington on a Tuesday afternoon. Nikki and Nate approach the glass door of the restaurant and Nate lets out a laugh. "What's the deal, dude?" asks Nikki. "I'm a surfer, not a salesman." says Nate. "I can't handle this tie thing." Nikki directs him back to the SUV they drove and opens the back. "Here, put this on" she orders. It's a short-sleeved polo-style shirt with a Finley embroidered on it. "You rock!" shouts Nate as he changes shirts in the parking lot. "Glad you like it," she responds, "it's your birthday present!" Armed with a thermos of coffee, two bags of beans and a can-do attitude, a professionally dressed Nikki and a more casual Nate start the next leg of their journey. Randy lets them wait a few moments before he comes out of the back and walks up to Nikki. "Very nice to meet you, but you didn't have to bring your assistant," he says. Nate immediately doesn't like the guy, but he lets it slide. After trying the coffee, Randy is hooked. "I love it!" he says. "What are your terms?" Nikki says their normal price is $25 a bag, but if he's willing to buy in bulk, they can reduce that to $15 per bag. Randy sits back and shakes his head. "I'll tell you what ... we were looking to pay around $10 a bag for 500 bags per month ... but send me an email outlining your terms and we'll see what we can do" he responds. They shake hands and walk out the door. Nikki is elated having gotten through her first big meeting. Nate is less than impressed. He complains "Something about him ... he's a total d..." "Shhh!" Nikki interrupts. "Yeah he's creepy but this could make us a lot of money," she argues. "Alright," says Nate. "After all, I'm just your assistant ... and since you're 24 and I'm 23, I respect my elders." He laughs as Nikki punches him lightly on the shoulder. The next day Nikki emails: Date: March 13, 2021 @8:57 am To: S..y@chezsuave.com From: N..d@finsupimportedcoffee.com Dear Mr. Oldood: Thank you for meeting with us yesterday. Pursuant to our discussion, the Fin's Up Imported Coffee Company is willing to sell each month to Chez Suave 500 of its standard 1-pound bags of coffee at a price of $15 per bag, plus delivery costs. Please let me know as soon as you can. Thanks again fo r meeting us. Sincerely, N. Stroud ____________________ Nikki Stroud, partner Fin's Up Imported Coffee Wrightsville Beach, NC

Later that evening, at 6:30 pm, Nikki finally gets a chance to check her email. Date: March 13, 2021 @4:59 pm To: N..d@finsupimportedcoffee.com From: S..y@chezsuave.com My Dear Nikki, First of all, call me Randy. It was great meeting you yesterday, as well. I am delighted to meet an up and coming entrepreneur like yourself and would love to mentor you in the finer points of business. As to the deal, I think I can swing $13 a bag if you pay for delivery. I know, I know, it's a lot for me to pay, but I'm willing to do that. I know how busy you are, so I will just assume we have a deal unless I hear back from you by close of business today. You're welcome. Randy Nikki is frantic. She forwards the email to Nate who calls her immediately. "I know, you told me." Nikki answers. "No, it's not about that," says Nate. "After you left, Ellen came by the shop with her dad who is a buyer for a large retail/wholesale store - Super Club. They want to start out with an order of 2,000 bags a month at $15 per bag and THEY will pay for the delivery!" he exclaims. "That would max out our capacity right now," says Nikki. "We can't do both." She rushes an email back to Randy: Date: March 13, 2021 @6:35 pm To: S..y@chezsuave.com From: N..d@finsupimportedcoffee.com Dear Mr. Oldood: I'm sorry but I'm afraid we can't afford to sell at that price. We just received a large order that will max out our capacity and we couldn't handle both deals. Thanks again for meeting with us. Sincerely, N. Stroud An incensed Randy responds back to her: Date: March 14, 2021 @02:27 am To: N..d@finsupimportedcoffee.com From: S..y@chezsuave.com Dear Nikki, I told you to call me Randy. You don't understand. We have a contract! I will expect delivery each month as you agreed. If you don't go through with the contract, we will be out $10,000 per month in lost profits. I would hate to have to sue such a promising young go-getter. But, this is business, little lady, and I will teach you how things work. We can talk about that later. Randy "Uh-oh," says Nate when Nikki shares the email with him the following day. "Time to see the lawyers again." Instructions: Nate and Nikki have come in again and have shared the email chain with the attorneys and you. They are worried that they are stuck with the Chez Suave deal and cannot accept the Super Club deal. Is there a contract between Chez Suave and Fin's Up? If so, what terms apply and what happens if they don't deliver? If not, why not?

(The submission should be in the format of a memo)