A retailer ordered some inventory by phone from a manufacturer. - 8136

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  • Posted on: Tue 17 Apr, 2012
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Request Description

A retailer ordered some inventory by phone from a manufacturer. The order was for 1,000 machines from the manufacturer’s inventory at $300 each. The manufacturer sent the retailer a fax a few moments later detailing the order. The retailer looked at the fax and was satisfied that it stated the terms of the contract, but never responded in any way. When the goods were delivered on time a month later, the retailer refused to accept them, asserting that the contract was unenforceable. 

 

A.   The contract is enforceable under the written confirmation rule.

 

B.   The contract is enforceable because it would be unconscionable not to enforce it.

C.   The contract is unenforceable because the retailer has not signed it in writing.

 

D.   No writing is needed because of one of the exceptions to the Statute of Frauds.

 
Solution Description

A retailer ordered some inventory by phone from a manufacturer. The order was for 1,000 machines from the manufacturer’s inventory at $300 each. The manufacturer sent the retailer a fax a fe