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presented at trial. The only evidence of the oral agreement was the testimony of Brotman. There was no
other evidence, such as written correspondence confirming the alleged oral modification, or evidence
of rescheduling equipment that would be needed to show the boxing match. Moreover, there was no
evidence of the rescheduled date of the match. The court ruled that the written agreement was controlling, and that South Shore failed to establish that the contract was breached by a later oral modification.
Holding: The judgment of the trial court was reversed.
Questions for Discussion
1. What were the terms of the original contract between South Shore and Supersport?
2. Did Supersport perform according to the terms of the contract?
3. Since the match was delayed, why didn’t the appellate court order Supersport to return South
Shore’s deposit of $1,500 and money received from ticket sales?
4. Supposing that the original contract was modified by an oral agreement, did South Shore give
Supersport any consideration?
5. What kind of evidence should Brotman present to support his claim that the original contract
was modified by an oral agreement? rog80328_04_c04_062-088.indd 86 10/26/12 5:42 PM Section 4.5 Chapter Summary CHAPTER 4 Critical Thinking Questions
1. The law sometimes defines a contract as a bargained-for exchange. Explain what
2. What does it mean when we say that the law judges intent to contract by an
objective standard? Hypothetical Case Problems
Case 1. ABC Company writes in a letter to Sam, “How much would you take for the
forty-acre tract of land known as the old Hanscom site?” Sam writes back, “I
couldn’t take less than $150,000.” ABC responds by FedEx special delivery,
“Accept your offer for $150,000.” Do they have a contract?
Case 2. Bertha calls Anita by telephone and offers to sell Anita her oriental rug for
$400. Anita says she’ll think about it. Later on that day, she writes Bertha
telling her that she accepts the offer. On her way back from mailing the letter,
Anita receives a phone call from Bertha in w...
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- Spring '10
- Business Law