Question
Milliner, Inc. is a manufacturer of women's hats. Lydia owns and operates a women's clothing store called Uptown Style. Milliner, Inc. advertised that they were
Milliner, Inc. is a manufacturer of women's hats. Lydia owns and operates a women's clothing store called Uptown Style. Milliner, Inc. advertised that they were closing out the stock of last year's hats. "Lydia responded to the advertisement. Milliner, Inc. responded to Lydia telling her, "Milliner has twenty-four designer hats of assorted styles. The price is set at $30 per hat." Lydia replied, "I'll take them." The next day Milliner Inc. emailed the following confirmation letter: "This email is to confirm our contract for twenty-four hats of assorted styles at $30 per hat, plus shipping, for immediate shipment, payment on delivery." -Milliner Inc. Lydia did not reply to this email. Milliner, Inc. shipped the hats to Lydia's place of business and enclosed an invoice that billed Lydia for $750- twenty-four hats at $30 per hat, plus $30 shipping charges. Lydia accepted the hats and made no complaint about them or the charges, but she has refused to pay anything to Milliner, Inc. A month later, when Milliner, Inc. complained about not having been paid, Lydia admitted that she owed Milliner $720 but contended that she did not owe the $30 because "I never 'agreed' to pay the shipping charges." covering each of the following questions regarding the case scenario: Was a contract formed between Milliners, Inc. and Lydia? Does the statute of frauds apply to the contract between Milliners Inc. and Lydia? Why? Are Milliners Inc. and Lydia considered merchants? What effect does this have on the contract? Does Lydia have to pay the shipping costs? Explain your reasoning.
Also need case conclusion at the end of answer...
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