Paul is a commercial fisherman. He sends an offer to
Something Fishy, a fish wholesaler, which states: "Paul will sell
his catch of Herring caught during the first two weeks in November
to Something Fishy for 45 cents a pound." Something Fishy sends an
acceptance on a preprinted form which contains the following
additional term in small print, "Something Fishy will only accept
delivery of fish on weekdays between the hours of 7am and
4pm." Which of the following
is true?
A. The common law applies because it is a sale of a good.
B. The additional term is a condition subsequent.
C. The additional term is treated as a proposal for an addition
to the contract.
D. The additional term will become part of the contract if it
does not materially alter the contract.
Spokes Inc. manufactures bicycles and Buycycle is a small store
which sells bicycles. Spokes Inc. sends Buycycle the
following signed offer: "Spokes Inc. will sell Buycycle our Model J
unit for $100. This offer is open for 30 days from the date
of this letter. Payment for orders is due on delivery."
Buycycle responds with an acceptance memo which orders 22 Model J
units. Included in the acceptance memo is the term "Seller
agrees to accept payment by check or money order." Which of the
following is true?
A. Spokes Inc. can revoke its offer at any time.
B. The common law would be applicable to this contract.
C. Buycycle's acceptance does not create a contract.
D. The additional term will become part of the contract unless
it is rejected by Spokes Inc.
Paul is a commercial fisherman. He sends an offer to Something Fishy, a fish wholesaler, which states: "Paul will sell
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