Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

You own a furniture making business. It thrives well, provides for your family and you enjoy your labor of love. A busload of tourists arrive

You own a furniture making business. It thrives well, provides for your family and you enjoy your labor of love. A busload of tourists arrive and some of the travelers stop into your shop. They inquire about your work, product and availability. After exchanging information with one interested traveler, you go back to your work. He had mentioned that he wanted you to make him a bedroom set, including a dresser, armoire, nightstand and your "piece de resistance", a magnificent sleigh bed with intricate carvings and hard to find exotic woods. You begin working on the project before contacting the traveler by procuring materials and sketching out designs. It dawns on you to contact him to discuss this further as this is a big project that will take a lot of time. When you speak to him, he expressed that he would very much like to order the furniture but payment terms must be discussed. You 'hammer out' payment terms of 1/3 as deposit, 1/3 at halfway point and 1/3 on delivery and acceptance. He mails the deposit with a letter laying out some ideas and a request for a certain type of wood-super exotic zebra-spiderman oak. You set about working on the furniture but cannot locate enough of the wood for the whole project. You find a similar wood: zebra-batman hickory. It looks close enough to the spiderman, so you use it. Traveler visits at the halfway point, pays another 1/3 and mentions nothing about the wood difference. You finish, prepare the furniture for delivery and ship it to Traveler's home. As the furniture is unloaded, Traveler stops the unloading and refuses to accept it based on the wood difference. He sends it back to you with a note: NOT spidey wood, not accepted!, no final payment, enjoy sleeping in that hunk of junk! Ultimately you are able to sell the furniture to someone else at a fraction of the price.

What was the offer? What was the acceptance? What was the consideration? When did the contract become effective? What and when did a breach occur? What is the remedy on both sides? What terms would you want to see in a contract like this? What are the defenses to enforcement of the contract by either party?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Public Law Text Cases And Materials

Authors: Andrew Le Sueur, Maurice Sunkin, Jo Eric Khushal Murkens

4th Edition

0198820283, 978-0198820284

More Books

Students also viewed these Law questions

Question

Draw a picture consisting parts of monocot leaf

Answered: 1 week ago