WeParty (a Merchant) emailed a Purchase Order form to Balloon Company (a Merchant) for 70,000 balloons "in an assortment of colors." WeParty followed that Purchase Order with an email to Balloon Company, saying, "Regarding our Purchase Order, it is especially important that some of the balloons are black." Balloon Company emailed back that they would have no trouble filling the Purchase Order. A few hours later, Balloon Company emailed a confirmation form to WeParty, stating, "Balloon Company will supply the balloons per the terms of your Purchase Order in one week for $3,500, payment due on delivery. Please confirm these terms by your signature below." WeParty signed Balloon Company's confirmation form and emailed it back to Balloon Company. On the delivery date, Balloon Company delivered 70,000 balloons in the colors of red, yellow, green, and blue. None of the balloons were black. Neither of their forms contains a Merger Clause, and thus their contract would be considered to be Partially Integrated (if you think that is relevant). The industry standard (Trade Usage) is that a request for a specific color is a consistent additional term. Was Balloon Company contractually obligated to provide black balloons in filling WeParty's order, and why?

Answer rating: 100% (QA)

In this scenario whether Balloon Company was contractually obligated to provide black balloons depends on whether the request for black balloons const... View the full answer