Question
Multiple choice question: On October 15, in a contract document that both parties signed, Supplier agreed to deliver to Office on November 15 five new
Multiple choice question:
On October 15, in a contract document that both parties signed, Supplier agreed to deliver to Office on November 15 five new modular desks from inventory for a total price of $7,500. Under the contract, Office would pay Supplier on delivery. On November 1, the two parties orally agreed that Supplier would deliver only four new desks for a total of $6,000 and would deliver a used desk for an additional $500. On November 20, Supplier delivered the desks to Office, which refused to accept or pay for them on the ground that Office had contracted for and expected to receive five new desks.
If Office raises all appropriate defenses, will Supplier succeed in a suit against Office for breach of contract?
(A)
Yes, because neither the October 15 agreement nor the November 1 agreement was required to be in writing.
(B)
Yes, because the November 1 agreement operated as an accord and satisfaction of the contract terms.
(C)
No, because there was no consideration to support the August 1 agreement.
(D)
No, because the parol evidence rule will prevent proof of the August 1 agreement.
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