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question
On August 10, a retail stationery store sent the following purchase order to a wholesaler of office supply equipment: "Please ship immediately 24 pairs (two dozen) 3 1/2-inch, right-handed scissors at your current list price of
$4 per pair. "The wholesaler received this purchase order on August 12. The next day, the wholesaler ascertained that there were only 18 pairs of 3 1/2-inch, right- handed scissors in stock. The wholesaler, however, found that he had six pairs of 3 1/2-inch, lefthanded scissors in stock. Without noti1'ing the stationery store, the wholesaler shipped the 18 pairs of right-handed scissors, along with the six pairs of left-handed scissors, to the stationery store. The stationery store was aware that the wholesale price for the left-handed scissors was $3 per pair, or $1 less than the list price for the right-handed scissors. Was an enforceable contract formed when the wholesaler shipped the 24 pairs of scissors to the stationery store?Plain-text mathematical notation (without MathML)
On August 10, a retail stationery store sent the following purchase order to a wholesaler of office supply equipment: "Please ship immediately 24 pairs (two dozen) 3 1/2-inch, right-handed scissors at your current list price of $4 per pair. "The wholesaler received this purchase order on August 12. The next day, the wholesaler ascertained that there were only 18 pairs of 3 1/2-inch, right- handed scissors in stock. The wholesaler, however, found that he had six pairs of 3 1/2-inch, lefthanded scissors in stock. Without noti1'ing the stationery store, the wholesaler shipped the 18 pairs of right-handed scissors, along with the six pairs of left-handed scissors, to the stationery store. The stationery store was aware that the wholesale price for the left-handed scissors was $3 per pair, or $1 less than the list price for the right-handed scissors. Was an enforceable contract formed when the wholesaler shipped the 24 pairs of scissors to the stationery store?
Original LaTeX notation
On August 10, a retail stationery store sent the following purchase order to a wholesaler of office supply equipment: "Please ship immediately 24 pairs (two dozen) 3 1/2-inch, right-handed scissors at your current list price of $4 per pair. "The wholesaler received this purchase order on August 12. The next day, the wholesaler ascertained that there were only 18 pairs of 3 1/2-inch, right- handed scissors in stock. The wholesaler, however, found that he had six pairs of 3 1/2-inch, lefthanded scissors in stock. Without noti1'ing the stationery store, the wholesaler shipped the 18 pairs of right-handed scissors, along with the six pairs of left-handed scissors, to the stationery store. The stationery store was aware that the wholesale price for the left-handed scissors was $3 per pair, or $1 less than the list price for the right-handed scissors. Was an enforceable contract formed when the wholesaler shipped the 24 pairs of scissors to the stationery store?
choices
- Yes, because the wholesaler's shipment constituted acceptance of the offer, absent a seasonable notification by the wholesaler to the stationery store that the shipment was made for accommodation only.
- Yes, because the wholesaler acted in good faith in making the shipment in reliance on the stationery store's offer.
- No, because the wholesaler could accept the stationery store's offer only by a prompt promise to ship the goods ordered.
- No, because acceptance by performance of an offer for immediate or prompt shipment is legally binding, unless the nonconforming goods are not reasonably resalable.
subject
professional_law
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