Question
Kate offers to produce 10,000 polyester N95 masks for Roger at $5 per unit.Roger intends to use them for his employees in a high-risk C19
Kate offers to produce 10,000 polyester N95 masks for Roger at $5 per unit.Roger intends to use them for his employees in a high-risk C19 industry.Roger attempts to accept the offer by saying, "Great. I love the price and the delivery terms.The design is great.But, you have to make them in wrinkle-free, 100% cotton."Kate does not respond and dedicates her entire production supply to another customer.Roger is angry, particularly when he learns that the next closest offer is twice as expensive. He wants to sue Kate for her failure to perform.
What is the likely result?Discuss the mirror-image rule, and how it is different than the way contracts are treated under the UCC.Is it a concern that a minor deviation in an acceptance can effectively reject a contract? Why or why not? What if this was not the intent of the parties at the time of entering into the agreement?
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