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In November 2020, Otto Mattik went to Caruana Chevrolet to discuss the purchase of a 2021 Limited Edition Corvette XL.General Motors was only going to

In November 2020, Otto Mattik went to Caruana Chevrolet to discuss the purchase of a 2021 Limited Edition Corvette XL.General Motors was only going to produce and limited number of these cars referred to as "Indy Vettes."This was named as such because one or more of them were to be used as a pace car at the Indianapolis 500.Otto talked to the used car manager, Lisa Nucar, who partially filled out a buyer's order form which he then presented to her boss the general manager, Kay Neine.After discussing the matter they agreed to sell Phil O. Dendron an Indy Vette at list price.The manager wrote "list price" and signed her name on the partially completed form, signing in the middle of the page rather than in the space provided for the signature of an officer of Caruana Chevrolet.Otto also signed the form and gave a deposit of $500.00.

At the time of the signing of the documents, Caruana Chevrolet did not have a vette in its possession.Two such cars were later received and in the interim the market demand for the cars had driven their value far above the list price.Caruana Chevrolet refused to deliver either car to Otto and attempted to return his deposit. Otto filed a lawsuit for breach of contract and asked the court for either damages or specific performance.Caruana Chevrolet argues that the order form was too indefinite and incomplete to amount to a valid and binding contract.Further, since it was incomplete, the Statute of Frauds was the defense they would use.

Please discuss the issues in this case and come to a conclusion as to whether or not these positions are right or wrong. Was a contract entered into by the parties?If you do agree that there should be damages, if at all, please discuss them.If you do agree that there should be specific performance, please identify what that is and why it should or should not happen.

Please take a look at the UCC codes in the back of the book and determine if any of them may be applicable. Make sure that you explain your reasoning.

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