Question
On November 20 th , Mike receives a written offer from Hilfet Denim Co. to buy 20 dozen bell-bottom jeans at $500 per dozen, delivery
On November 20th, Mike receives a written offer from Hilfet Denim Co. to buy 20 dozen bell-bottom jeans at $500 per dozen, delivery by December 25th. The offer states that it expires on December 20th. Before he accepts the offer, Mike learns from Hannah, his girlfriend, that the same model denim jeans are selling for $400 per dozen at Lisa's Denims. Hannah knows this because Sally, her next-door neighbor, showed her the written offer from Lisas Denims.
Mike is desperate to stock his shelves in time for the Christmas shopping season and mails acceptance letters to both Hilfet Denim and Lisa'sDenim on December 20h. These acceptance letters are received on December 23th.
As of December 31th, neither Lisa's Denim nor Hilfet's Denim has delivered the goods ordered. When Mike calls each company to inquire about the delay in the shipments, both companies claim that they do not have contracts with Brad.
A.Can Mike successfully sue Lisa's Denim? Hilfert's Denims?
B.Assume instead,that Mike buys 20 dozen denim jeans from Bobo's Jeans. at $500 per dozen. The goods are delivered on time to Mike. However, Mike just discovered that 10% of the jeans are defective and refuses to pay the $100,000 invoice. Bobo's insists that they delivered top quality goods to Mike. Mike mails a $90,000 check payable to Bo's Jeans and marks the check "paid in full". He attaches a post-it to the check and explains why he deducted the $10,000 amount.
1). Should Bobo's Jeans cash this check? What, if anything, can Bobo's Denims do should they decide to cash the check?
2). Would your answer be different if Mike had Tim, his assistant, deliver the $90,000 payment, in cash, to Bo's?
iii. Would your answer be different from 1 or 2, if Bo' Jeans cashes the check from Mike for $90,000 but asserts that Mike is lying about the quality of the jeans. Bobo's Jeans then asserts fraud in its claim for the other $10,000 against Mike.
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