Question
JoJo's Machines Inc makes dryers and washing machines. By text JoJo offers to sell Gigi one hundred model G5000 dryers at a price of $500
JoJo's Machines Inc makes dryers and washing machines. By text JoJo offers to sell Gigi one hundred model G5000 dryers at a price of $500 per dryer. JoJo says it will keep the offer open for 90 days. Gigi responds, "within 2-3 weeks, I will decide whether to accept". One week later JoJo texts a message to Gigi that the offer is withdrawn. Gigi immediately calls JoJo to accept the $500 per unit offer. When JoJo refuses to deliver at that price, Gigi files a lawsuit alleging JoJo breached the contract. JoJo asserts that there is no contract and even it it were a valid contract it is not enforceable. Presume that Gigi and JoJo are merchants. All of your legal analysis should be from the perspective of merchants and the UCC Sales and Lease Contracts.
- Is the promise by JoJo, to keep the offer open for 90 days effective? Why or why not? Please explain
- Are the elements of a sales contract present?
- Is there a valid contract between JoJo and Gigi?
- What would prevent this contract from being enforceable? Please explain
- One page is required.
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