In June, a local chef learned of a new business that opened…
In June, a local chef learned of a new business that opened in the area. Hoping to attract the business as a new client, the chef sent the business an offer consisting of a catalog of menus available through his catering service and a form letter he sent to all new businesses in the area. The letter was signed by the chef and included the following language: “Welcome! I specialize in creating delicious meals with local and organic ingredients, and I would be honored to be your catering source for all your business, promotional, and personal needs! To welcome you to the community, I would like to offer you a 25% discount off of my catalog prices on any three-course meal order, for up to 100 people, submitted this calendar year. I hope to hear from you soon and I look forward to doing business with you!” No communication occurred between the parties until the end of November, when the business faxed an order form to the chef requesting a catered meal for 60 people at a promotional event for a 25% discount. The court has found that both parties are merchants with respect to this transaction. Did the business’s faxed order create an enforceable contract at a 25% discount?
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