Your answer is to be written in your blue book Please define any legal term that you use. For example, if you are talking about a guaranty write: A guaranty is a.... Both Woody Woods and Luther Lumber are merchants of timber trees/wood. Woods calls Lumber and tells him that he wants to buy 100 trunks of pine wood for delivery by November 15, 2016. Lumber orally agrees. A half hour later Lumber writes and signs a fax stating "Agreed that I will sell you 100 trunks of pine to be received by November 15, 2016" and he faxes it to Woods. Before November 15, 2016, Lumber ships 100 trunks of oak wood to Woods since in the past Woods has accepted oak as a substitute for pine. On November 13, 2016, Woods receives the shipment and rejects the entire shipment stating "I asked for pine, not oak." Lumber receives the shipment back and replaces it with 100 trunks of pine shipped to Woods on Nov ember 17, 2016. Woods again rejects stating "You failed to cure within the delivery time provided by the contract which was November 15, 2016 so you may not cure." Lumber sells the pine to another buyer for $20,000,00 which is $5000 less than he would have gotten from Woods and he sues Woods for the $25,000,00. Woods offers the following defenses: a. There never was a contract because of the statute of frauds. b. There never was an acceptance of the offer because Lumber shipped the wrong product. c. There never was a contract because there never was an agreed upon price. d. Even if there was a contract, Luther breached lost the right to cure because the time within which to perform under the contract had passed. e. Luther cannot recover anything because he already sold the goods to someone else. You are the judge (congratulations on your promotion!) Decide on the validity of each of Woods' defenses. Please label and discuss each defense separately and in order. Even if your answer to one defense can be an answer to another, you must address each defense separately as if it stands on its own. Your answer is to be written in your blue book Please define any legal term that you use. For example, if you are talking about a guaranty write: A guaranty is a.... Both Woody Woods and Luther Lumber are merchants of timber trees/wood. Woods calls Lumber and tells him that he wants to buy 100 trunks of pine wood for delivery by November 15, 2016. Lumber orally agrees. A half hour later Lumber writes and signs a fax stating "Agreed that I will sell you 100 trunks of pine to be received by November 15, 2016" and he faxes it to Woods. Before November 15, 2016, Lumber ships 100 trunks of oak wood to Woods since in the past Woods has accepted oak as a substitute for pine. On November 13, 2016, Woods receives the shipment and rejects the entire shipment stating "I asked for pine, not oak." Lumber receives the shipment back and replaces it with 100 trunks of pine shipped to Woods on Nov ember 17, 2016. Woods again rejects stating "You failed to cure within the delivery time provided by the contract which was November 15, 2016 so you may not cure." Lumber sells the pine to another buyer for $20,000,00 which is $5000 less than he would have gotten from Woods and he sues Woods for the $25,000,00. Woods offers the following defenses: a. There never was a contract because of the statute of frauds. b. There never was an acceptance of the offer because Lumber shipped the wrong product. c. There never was a contract because there never was an agreed upon price. d. Even if there was a contract, Luther breached lost the right to cure because the time within which to perform under the contract had passed. e. Luther cannot recover anything because he already sold the goods to someone else. You are the judge (congratulations on your promotion!) Decide on the validity of each of Woods' defenses. Please label and discuss each defense separately and in order. Even if your answer to one defense can be an answer to another, you must address each defense separately as if it stands on its own
