La Puma-2011-fall-specialproblems-contracts-torts-exam

La Puma-2011-fall-specialproblems-contracts-torts-exam -...

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EXAM#____________ La Puma: Special Problems in Torts and Contracts, Final Exam, Fall 2011 Page 2 of 2 ESSAY QUESTION On January 15, WheelCo agreed with Skatco, a skateboard manufacturing company, in a writing signed by both parties, to supply Skatco with 10,000 specifically described wheels each month, for a period of ten months, beginning March 1. The stated price was $.85 per wheel. On February 1, WheelCo, in good faith, notified Skatco that WheelCo could not afford to sell the wheels at the agreed price but would charge $.90 per wheel. Skatco orally agreed to the increase in price to begin with the first installment. In a written confirmation, signed only by WheelCo and delivered to Skatco, WheelCo's secretary mistakenly typed the new price as "$.91 per wheel" rather than "$.90 per wheel." Skatco received the confirmation, but did not read it. Prior to March 1, WheelCo notified Skatco that it would deliver no wheels because it had just contracted to sell its entire output to Surfco at $1.10 per wheel. Despite Skatco's efforts, Skatco was unable to buy wheels from another supplier until May 1.
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  • Fall '
  • Gallagher
  • Contract Law, 1979, Judicial remedies, Skatco

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