Question
On June 1, 2020, Sam, a merchant, sends the following signed letter to Betty a professional skier: I will sell you a pair of Nike
On June 1, 2020, Sam, a merchant, sends the following signed letter to Betty a professional skier: "I will sell you a pair of Nike Pro skis for a price of $450, payment and delivery on October 15. This offer is firm until August 15th." On June 20th Sam sends a second letter to Betty stating, "Because my inventory is low, I have decided withdraw my June 1st offer and raise my price to $500.00." Betty ignores Sam's June 20th letter until August 1st when Betty writes to Sam, "Would you consider delivering the skis to me one day earlier?" Not receiving any response from Sam, Betty calls Sam on August 1st and accepts the offer of June 1st. Sam writes back, "I have no skis left." Betty sues Sam for breach of contract. Question: a. Judgement for whom? Make sure you separately and fully describe the legal significance of each of the four paragraphs (by labeling paragraph 1, 2, 3 and 4 on your answer paper). b. Would your answer be the same if Sam was not a merchant? Fully explain why or why not. 1. In each answer, first state your decision, then your reason. If reasons are omitted, no credit will be given. 2. Answers given must show that you have found the legal issues presented by the problem; that you know the legal principles to be applied, and that you are familiar with the appropriate legal terms. Use New York Law. 3. Think out your answers carefully before writing, be brief but thorough.
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