W07 Appeal Unit 3 Exam.docx - W07 Appeal Unit 3 Exam...

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W07 Appeal: Unit 3 Exam Question 4 Brady Music, Inc., offers to buy from Sunshine Day Products Corporation (SDPC) 1,000 blank CDs of a certain brand. Without notifying Brady, SDPC timely ships CDs of a different brand. This shipment is an acceptance of Brady's offer. a breach of the parties' contract. (My Answer)
Question 14 Landon is a merchant who sells refurbished motorcycles. Chase visits Landon’s store and takes a bike for a test ride. He wants to buy it but can’t get the money for another week. Landon gives Chase a note that says, “I promise not to sell this particular motorcycle to anyone else for one week.” Landon signs the note and hands it to Chase. Chase returns 5 days later with cash to purchase the bike. “Sorry,” Landon says, “I got a much better price for it, so I sold it.” Chase is out of luck because there was no consideration for the note. is out of luck because the note lacked specific contract terms. can sue Landon for breach because he made a merchant’s firm offer. (Correct answer) can sue Landon for breach because a signed writing is always sufficient to hold an offer open for a reasonable time. (My answer) “Since a contract comes into being by mutual agreement, it can be ended at any time by mutual agreement or mutual rescission. Parties may orally agree to end a written agreement, regardless of the formality with which the written contract was made. Indeed, most courts hold that a written agreement providing “This contract shall not be modified except in writing, duly executed by a corporate officer of

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