What If the Facts Were Different?

Assume that On-Demand Truck Line has a location in Stripes's town and would pick up the shirts at Stripes's factory. Assume also that Stripes regularly uses On-Demand Truck Line and gets a significant discount. The use of Blue Express Truck Line will require Stripes to deliver the shirts to a town 150 miles away (because Blue Express won't pick up that far from its location) and will cost Stripes an additional $600 in shipping costs. Stripes did not contact Barnes about the change but considered it a proposal which he could ignore. He shipped using On-Demand Truck Lines.

The offer, as now stated,

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include a limitation to the terms of the offer. Stripes

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contacted Barnes about the change in trucking companies. If Stripes had objected

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, then the change in trucking companies

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a part of the contract. Because Stripes did not object, the only argument that he has to use On-Demand Truck Lines is that the change in the contract is

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change.

Assessment question

Several factors may influence the court in making this decision, including unreasonable

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for Stripes. If the change in price and delivery location for Stripes is determined to be

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, then

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would be the trucking company for the contract. If this is the case, then

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would be the likely breaching party.