Question
On June 15, Sam's Smoothie Shack calls Sid's Citrus Farm and places an order for 10 crates of oranges.The crates are priced at $100 each
On June 15, Sam's Smoothie Shack calls Sid's Citrus Farm and places an order for 10 crates of oranges.The crates are priced at $100 each for a total cost of $1,000, to be paid within 30 days of delivery, which is scheduled for July 1.However, on June 30, Sid calls Sam to tell him that his delivery truck broke down and the only way he can get the oranges delivered on time is to rent a truck for $200 - which will be added to Sam's bill.Sam reluctantly agrees and Sid follows up with an email, noting Sam's approval of the additional charge.On July 1, the oranges are delivered as promised.However, when the bill comes due Sam only pays Sid $1,000.
Subsequently, Sid sues Sam for breach of contract.
a. [5 Points] Will this suit be governed by the UCC or common law?Explain.
b. [7 Points] Suppose Sam argues at trial that Sid should not be allowed to introduce evidence of the June 30 phone call.What is Sam's basis for this argument and what is the likely result?
c. [7 Points] Suppose, instead, that Sam argues his promise to pay the additional $200 is unenforceable.What legal basis does Sam have for this argument and what is the likely result?
d. [6 Points] CHANGE TO FACT PATTERN: Suppose, instead, that Sam took possession of the oranges butlater refused to pay Sid anything at all.At trial, Sam argues the entire contract is unenforceable because it was not in writing.What is the legal basis for this argument and the likely result?
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