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Will be using this same fact pattern for each question: It will appear at the beginning of each question. Question after the Fact Patter in
Will be using this same fact pattern for each question: It will appear at the beginning of each question. Question after the Fact Patter in Bold.
- In February, Retailer contacted Designer, and asked Designer to design Retailer's website for $20,000, and Designer agreed.
- Under the terms of the written contract, Retailer was to pay Designer $20,000 by December 31st for designing the Retailer's website.
- In August, four months before the payment was due in December, Designer learned of an investment opportunity.
- Designer called Retailer and said, "I need cash quickly to make an investment that will enable me to make a $35,000 profit.
- I know that you owe me $20,000 in December, but if you promise now to pay me $15,000 in cash by the 25th of this month (August), I will accept that as the full payment for designing your website."
- Retailer responded, "Thanks. That's a good deal. I accept, but only if I can get a loan, as I do not have the cash right now."
- "Thanks, that would be great," responded Designer.
A. List and Define the elements of a Contract.
B. Would the agreement in lines 1-2 be covered by the Common Law or the UCC? How do you know?
C. Would the agreement in Lines 1-2 be a unilateral or bilateral contract? Explain.
D. What are the terms of the modified agreement in lines 4-7? Is this a legally binding contract? Explain.
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