Elle was the owner of a soon-to-be-opened pastry shop, Elle’…
Elle was the owner of a soon-to-be-opened pastry shop, Elle’s Pastries, wrote to Sanchez Sugar, a large supplier of premium confectioner’s sugar, about placing a standing order for sugar to meet Elle’s Pastries’s frosting and other needs. By return mail, Sanchez Sugar offered Elle’s Pastries a discounted price of $5 per five-pound bag—$3 per bag less than its regular price—based on the parties’ “many years of pleasant business association.” Because Elle’s Pastries had not done business with Sanchez Sugar before, she realized that Sanchez Sugar had confused her shop with another pastry shop having a similar name. However, Elle’s Pastries kept quiet about the mixup and placed an order for 200 bags of sugar at the discounted price of $5 per bag. Shortly before it shipped the sugar to Elle’s Pastries, Sanchez Sugar discovered that it was mistaken about the identity of the shop owner and that the order was for a new pastry shop that was opening soon. It sent an overnight letter to Elle’s Pastries noting its mistake and stating that the price of a bag of premium confectioner’s sugar was $8 per bag. Elle’s Pastries, whose grand opening was coming soon, sent the supplier $1,600 and received the 200 bags of confectioner’s sugar in a timely manner. Immediately thereafter, Elle’s Pastries filed suit against Sanchez Sugar for $600 (the difference in price between cost of the sugar at $5 per bag and its cost at $8 per bag) plus any consequential damages. In her pleadings, Elle’s Pastries asserted that Sanchez Sugar violated its contract to sell the sugar at $5 per bag and that it had forced her to pay the higher amount knowing that she needed the sugar for her pastry shop to open.Will Elle’s Pastries win its suit?
Read DetailsDylan’s Dairy regularly supplies milk to local grocery store…
Dylan’s Dairy regularly supplies milk to local grocery stores located in the same city. Fresh Groceries, which had not previously done business with Dylan’s Dairy, sent a written order to Dylan’s Dairy for 50 cases of whole milk at the wholesale market price of $10 per case for prompt shipment. The warehouse clerk at Dylan’s Dairy negligently shipped 50 cases of low-fat milk instead.When the milk is delivered at Fresh Groceries by a common carrier, which of the following is the most appropriate statement of the parties’ rights and duties?
Read DetailsDanny Developer sent Twinkleberry Farms a letter that stated…
Danny Developer sent Twinkleberry Farms a letter that stated, “I will pay you $2,100 an acre for your land.” Twinkleberry Farms’s reply letter stated, “We accept your offer.” Although Twinkleberry Farms did not know, Danny Developer had intended to offer only $2,000 per acre but had mistakenly typed “$2,100.” Both parties were aware that similar land in the area had been selling between $2,000 and $2,200 per acre. Which of the following states the probable legal consequences of the correspondence between the parties?
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