From the information given, it

select answer

that there were open terms in the offer. Barnes$$s acceptance of the offer was made in

select answer

manner, indicating that it

select answer

a valid acceptance. One potential problem with the acceptance is that it

select answer

$.$ The law that governs this contract

select answer

require that the acceptance be the mirror image of the offer.

Assessment question

The term added by Barnes in accepting the offer would be

select answer

term to the contract. Because the parties are

select answer

merchants, the additional terms

select answer

become part of the contract unless certain conditions exist. In the facts as given, the offer

select answer

limit acceptance to its terms.

Assessment question

Stripes

select answer

object to the new or changed term within a reasonable time. Under normal circumstances, the change from one national trucking company to another national trucking company

select answer

be a material change to the contract. Given these facts, the parties likely agreed upon

select answer

as the trucking company for the contract. Stripes used

select answer

and because the parties specifically agreed on

select answer

$,$ Stripes likely

select answer

breach the contract.

Assessment question

What If the Facts Were Different?

Assume that On$-$Demand Truck Line has a location in Stripes$$s town and would pick up the shirts at Stripes$$s factory. Assume also that Stripes regularly uses On$-$Demand Truck Line and gets a significant discount. The use of Blue Express Truck Line will require Stripes to deliver the shirts to a town $150$ miles away $($because Blue Express won$$t pick up that far from its location$)$ and will cost Stripes an additional $$600$ in shipping costs. Stripes did not contact Barnes about the change but considered it a proposal which he could ignore. He shipped using On$-$Demand Truck Lines.

The offer, as now stated,

select answer

include a limitation to the terms of the offer. Stripes

select answer

contacted Barnes about the change in trucking companies. If Stripes had objected

select answer

$,$ then the change in trucking companies

select answer

a part of the contract. Because Stripes did not object, the only argument that he has to use On$-$Demand Truck Lines is that the change in the contract is

select answer

change.

Assessment question

Several factors may influence the court in making this decision, including unreasonable

select answer

for Stripes. If the change in price and delivery location for Stripes is determined to be

select answer

$,$ then

select answer

would be the trucking company for the contract. If this is the case, then

select answer

would be the likely breaching party.