Question
Strike offers to sell Bailey 1000 shirts for a stated price. The offer declares that shipment will be made by Dependable Truck Line. Bailey replies,
Strike offers to sell Bailey 1000 shirts for a stated price. The offer declares that shipment will be made by Dependable Truck Line. Bailey replies, I accept your offer for 1000 shirts at the price quoted. Delivery to be by Yellow Express Truck Line. Both Strike and Bailey are merchants. 3 weeks later, Strike ships the shirts by Dependable Truck Line, and Bailey refuses to accept delivery. Strike sues for breach of contract. Bailey claims that there was never a contract because his reply, which included a modification of carriers, did not constitute an acceptance. Bailey further claims that even if there had been a contract, Strike would have been in breach because Strike shipped the shirts by Dependable contrary to the contract terms. Discuss fully Baileys claims.
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