Question
On June 2, Jasmine faxed Hen Corp a letter, expressing an interest in purchasing Chickens. In response, Hen Corp faxed Jasmine a signed document entitled
On June 2, Jasmine faxed Hen Corp a letter, expressing an interest in purchasing Chickens. In response, Hen Corp faxed Jasmine a signed document entitled "Chicken Sales Agreement," which, among other things, provided:
"Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, approximately 5000 Chickens each month during the term of this agreement, at a purchase price of $1.25 per Chicken. Buyer must purchase all of her feed requirements from Seller. The term of the agreement is two years. The agreement will be interpreted in accordance with the laws of the State of Delaware."
On June 13, Jasmine signed and returned the document to Hen Corp after making the following changes: (1) adding "+/- 250 head" to the phrase regarding the number of Chickens to be purchased; (2) adding "only if Hen Corp's feed price is competitive with other suppliers" to the clause containing her to purchase her feed requirements from Hen Corp; and (3) changing the choice of law provision from Delaware to Alaska.
On June 27, Hen Corp presented Jasmine with a revised document which included Jasmine's change about competitive prices, and provided a contract commencement date of April 29. It did not include Jasmine's changes about the number of Chickens to be purchased or about the choice of law provision. Jasmine again made those two changes to the revised document, initialed her changes, signed it, and returned it to Hen Corp.
On July 3, Jasmine agreed to accept, and actually accepted delivery of 5000 Chickens from Hen Corp for $1.25 per Chicken.
On July 11, Jasmine received another revised document from Hen Corp.Once again, it did not include her changes about the number of Chickens to be purchased or about the choice of law provision. Jasmine advised Hen Corp that she would not accept any more Chickens or buy anymore feed from Hen Corp. because they did not have a contract.
Can Chick Corp prevail in a breach of contract action against Jasmine? Discuss in detail?
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