Question
Scott and Heidi enter into discussions with Darryl to paint their kitchen and dining room. Scott and Heidi tell Darryl that they plan to supply
Scott and Heidi enter into discussions with Darryl to paint their kitchen and dining room. Scott and Heidi tell Darryl that they plan to supply the paint for the kitchen. Darryl will need to supply the paint for the dining room and do all the painting work for both rooms. Darryl offers to do all the work and supply the paint for a price of $1,500 with $1,000 attributable to labor and $500 attributable to the paint for the dining room. Scott and Heidi respond that they will accept that offer if Darryl will also agree to paint a small board in their doorway with paint supplied by Scott and Heidi. Darryl says "no". The next morning Scott calls Darryl and says that they accept his offer. Darryl says -- "my price has gone up -- way up!". Scott hires the best and most expensive lawyer in all of North Missouri to help them enforce the contract (Jay Benson). What is the result?
A. | Scott and Heidi will win because the Uniform Commercial Code will apply and the different terms did not materially change the terms of the original offer. | |
B. | No matter how good and expensive Jay Benson may be, Scott and Heidi will lose because the common law of contracts applies and Scott and Heidi's acceptance was not the mirror image of the offer and, as such, it acted as a counteroffer and a rejection of Darryl's offer. | |
C. | Scott and Heidi will win because the common law of contracts will apply and the different terms did not materially change the terms of the original offer. | |
D. | No matter how good and expensive Jay Benson may be, Scott and Heidi will lose because the uniform commercial code will apply and Scott and Heidi's acceptance was not the mirror image of the offer and as such it acted as a counteroffer and a rejection of Darryl's offer. |
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