• What type of law applies? Is it goods? (If it is goods, then UCCapplies. If it is not goods then the commonlaw applies)
• Were the elements of a contract met? Was there anoffer? Was thereacceptanceof the offer? Was thereconsideration? Was there performance?

Fact Pattern:

On June 1, Betty faxed FeedCo a letter, expressing an interest in purchasing pigs. In response, FeedCo faxed Betty an unsigned document entitled "Pig Sales Agreement," which, among other things, provided:

Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, approximately 1050 pigs each month during the term of this agreement, at a purchase price of $33.25 per pig. Buyer shall purchase all of her feed requirements from Seller. The term of the agreement is three years. The agreement will be interpreted in accordance with the law of Washington.

On June 10, Betty signed and returned the document to FeedCo after making the following changes: (1) adding "+/- 20 head" to the phrase regarding the number of pigs to be purchased; (2) adding "for so long as the prices of FeedCo's feed are competitive with other suppliers" to the sentence requiring her to purchase her feed requirements from FeedCo; and (3) changing the choice of law provision from Washington to California.

On June 25, FeedCo presented Betty with a revised document signed by FeedCo. The revised document included Betty's change about competitive prices, and provided a contract commencement date of June 29. It did not include Betty's changes about the number of pigs to be purchased or about the choice of law provision. Betty again made those two changes to the document, initialed her changes, signed it, and returned it to FeedCo.

On June 29, Betty agreed to accept, and actually accepted, delivery of 1050 pigs from FeedCo for $33.25 per pig.

On July 15, Betty received a further revised document signed by FeedCo. Once again, it did not include her changes about the number of pigs to be purchased or about the choice of law provision. At this point, Betty advised FeedCo that she would not accept any more pigs because they did not have a contract.

Can FeedCo prevail in a breach of contract action against Betty? Discuss.

Define Offer, Acceptance, and Consideration; apply the facts to the legal definition; and make a conclusionif there was an offer, acceptance, and consideration.)