Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Mercury Rising (Mercury) is an Illinois manufacturer of indoor and outdoor thermometers. On April 2, 2018, Will Bruce, Mercurys purchasing agent, emailed a purchase order

Mercury Rising (Mercury) is an Illinois manufacturer of indoor and outdoor thermometers. On April 2, 2018, Will Bruce, Mercurys purchasing agent, emailed a purchase order to the Glass Manufacture (GM), a Michigan manufacturer of precision glass tubing. Mercury ordered 5,000 1-foot lengths of glass tubing, at a price of $5.00 per foot, to be delivered to Mercurys plant no later than May 1, 2018. Later that same day, GM emailed a written acknowledgment, agreeing to manufacture and deliver 5,000 1-foot lengths of glass tubing, at a price of $5.00 per foot to Mercurys plant no later than May 1, 2018. GMs acknowledgment also contained (1) a disclaimer of all implied warranties, (2) a provision requiring Mercury to pay the cost of having the tubing shipped from GMs plant to Mercurys, and (3) a provision requiring Mercury to pay the full contract price, including transportation costs, upon receipt of the tubing. The parties did not correspond further. GM shipped the goods to arrive on May 1, 2018. Before the goods reached Mercury, Mercury found another seller, Glaz Emporium (Glaz), who offered to provide the same quantity and quality of glass tubing, no later than May 2, 2018, at a price of $4.50 per foot. Mercury agreed on April 15, 2018 to purchase the tubing from Glaz, and refused to receive the shipment from GM when it arrived on May 1, 2018. GM wants to sue Mercury for breach of contract. Did Mercury and GM have an enforceable contract for the glass tubing? If so, why and what were its terms? If not, why not?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Auditing SAP S 4HANA

Authors: Steve Biskie

1st Edition

1493222643, 978-1493222643

More Books

Students also viewed these Accounting questions

Question

My opinions/suggestions are valued.

Answered: 1 week ago