mid term qustion - #4 Instructor Explanation Students...

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#4. Instructor Explanation: Students should discuss contract offer, acceptance, and especially consideration in their answer. Was there consideration for Wilma's statements, or were these gifts? Betty did not accept the offer, for example. Students should also discuss the judgment being entered and the 8 months of payments for the car that Wilma undertook (Is this detrimental reliance? Probably not, but students should discuss.) The eye patch is definitely a gift and should not bind Wilma and Fred. BamBam being 16 doesn't impact anything – unless he had entered into a cortract with Fred and Wilma. A discussion of the statute of frauds and other contractual bases would also be useful. SpongeBob wants to sue Progresso. On what bases can SpongeBob sue, recover and what will be his damages? In general, SpongeBob cannot sue Progresso. The reason for this is that Progresso has refused delivery in accordance to the terms of the contract, and Progresso has refused permission to SpongeBob to sell the clams to Campbell also in accordance to the terms of the contract. So, from Progresso, SpongeBob cannot get any damages. The point is that Progresso could have easily sold the clams in the open market. The gulf oil disaster had driven up the prices making it relatively easy for Progresso to sell them in the open market. There was no need to sell the clams to the competitors of SpongeBob. What defenses does Progresso have? Progresso has the two defenses. It has refused delivery of clams in accordance with the terms of the contract. Second, it has refused permission to SpongeBob also under the powers granted to it under the contract. Can Progresso include Campbell's in the lawsuit?
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mid term qustion - #4 Instructor Explanation Students...

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