Both Woody Woods and Luthor Lumber are merchants of wood. Woods calls Lumber and leaves a...

 

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Both Woody Woods and Luthor Lumber are merchants of wood. Woods calls Lumber and leaves a message saying that he wants to buy 100 trunks of pine wood for delivery by December 15, 2020. Lumber immediately takes a piece of his stationary with his logo in the letterhead and faxes Woods stating "Agreed that I will sell you 100 trunks of pine to be received by December 15, 2020." Lumber ships 100 trunks of oak wood to Woods since in the past Woods has accepted oak as a substitute for pine. On December 13, 2020, Woods receives the shipment and rejects the entire shipment stating "I asked for pine, not oak." Lumber receives the shipment back and replaces it with 100 trunks of pine shipped to Woods and received by Woods on December 16, 2020. Woods again rejects stating "You failed to cure within the delivery time provided by the contract which was December 15, 2020 so you may not cure." Luthor sells the pine to another buyer for $20,000.00 which is $5000 less than he would have gotten from Woods and he sues Woods for the $25,000.00. Woods offers the following defenses: a. There never was a contract because of the statute of frauds. b. There never was a contract because Luthor never accepted the offer because he shipped the wrong product. c. There never was a contract because there never was an agreed upon price. d. Even if there was a contract, Luthor lost the right to cure because the time within which to perform under the contract had passed. e. Luthor cannot recover anything because he already sold the goods to someone else. You are the judge (congratulations on your promotion!). Decide on the validity of each of Woods' defenses (12 points each). Please label and discuss each defense separately and in order. You should not state that c is not a good defense because I already said in b that there is no contract, you must address each defense as if it is the only one. Blackboard will not mark this so you won't see a score for this part of the exam. The first part of the exam is worth 40 points so if you see a score, it willikely be based on 40 points until I grade your essay and update the system. Both Woody Woods and Luthor Lumber are merchants of wood. Woods calls Lumber and leaves a message saying that he wants to buy 100 trunks of pine wood for delivery by December 15, 2020. Lumber immediately takes a piece of his stationary with his logo in the letterhead and faxes Woods stating "Agreed that I will sell you 100 trunks of pine to be received by December 15, 2020." Lumber ships 100 trunks of oak wood to Woods since in the past Woods has accepted oak as a substitute for pine. On December 13, 2020, Woods receives the shipment and rejects the entire shipment stating "I asked for pine, not oak." Lumber receives the shipment back and replaces it with 100 trunks of pine shipped to Woods and received by Woods on December 16, 2020. Woods again rejects stating "You failed to cure within the delivery time provided by the contract which was December 15, 2020 so you may not cure." Luthor sells the pine to another buyer for $20,000.00 which is $5000 less than he would have gotten from Woods and he sues Woods for the $25,000.00. Woods offers the following defenses: a. There never was a contract because of the statute of frauds. b. There never was a contract because Luthor never accepted the offer because he shipped the wrong product. c. There never was a contract because there never was an agreed upon price. d. Even if there was a contract, Luthor lost the right to cure because the time within which to perform under the contract had passed. e. Luthor cannot recover anything because he already sold the goods to someone else. You are the judge (congratulations on your promotion!). Decide on the validity of each of Woods' defenses (12 points each). Please label and discuss each defense separately and in order. You should not state that c is not a good defense because I already said in b that there is no contract, you must address each defense as if it is the only one. Blackboard will not mark this so you won't see a score for this part of the exam. The first part of the exam is worth 40 points so if you see a score, it willikely be based on 40 points until I grade your essay and update the system.

Answer rating: 100% (QA)

Answer a There was never a contract in light of the rule of fraudsThe rule of cheats cant be conjure... View the full answer