Chapter 11 Case Brief.txt - Case 11.1 WPS Inc v Expro...

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Case 11.1 WPS, Inc. v. Expro Americas, LLCSummary: WPS submitted a formal proposal to manufacture equipment for Epro. Expro and SRSthen submitted 2 purchase orders. WPS had accepted two orders in the past, andin contract Expro gave full release to proceed and agreed to pay valid costs associated with and order cancellation. Expro submitted third purchase order a week after the contract deadline. PO didn't comply with all requirements but AGAIN gave permission to proceed and pay cancellation costs. Expro cancelled 3rdPO and WPS sent them an invoice for the cancellation fees.*Is the contract enforceable by WPS even though the most important terms were agreed upon after the deadline?*Yes, the party was contractually obligated to perform because both parties operated as if they had time to resolve outstanding differences. Also, because Expro provided a *full release to proceed and agreed to pay all valid costs associated with any order cancellation*, jury could reasonably conclude that WPSwas contractually obligated to perform and meet the delivery date.

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