R-Vision manufactures recreational vehicles (RVs). Representatives of Associated Home met R-Vision's regional sales manager, Darrell Higgins,...

 

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R-Vision manufactures recreational vehicles (RVs). Representatives of Associated Home met R-Vision's regional sales manager, Darrell Higgins, and the product manager, Timothy Cunningham, at a convention where they discussed the possibility of using Associated Home as a dealer of R-Vision's RVs in Albuquerque, New Mexico. At the time of the convention, Rocky Mountain RV was R-Vision's dealer in Albuquerque. Higgins contacted Rocky Mountain and told it that if Rocky Mountain did not make better efforts to represent R-Vision's product, then R-Vision would find another dealer in Albuquerque. Higgins closed out the conversation by informing Rocky Mountain that R-Vision would "pursue somebody else." R-Vision faxed Associated Home an application to become R-Vision's dealer in Albuquerque. Associated Home faxed in return a completed dealer application form. Higgins then called Associated Home to explain that Associated Home needed to submit orders for RVs as part of the dealer application. In response to that telephone call, Associated Home submitted orders for four RV units. Higgins then contacted Rocky Mountain to tell it that R-Vision had "another dealer in your area that wants the product, that has ordered product and is going to represent the product." Rocky Mountain's owner called Higgins, and Higgins told him that Rocky Mountain would no longer be R-Vision's dealer in Albuquerque. At that point, Rocky Mountain's owner informed Higgins that, under New Mexico law, R-Vision had to give Rocky Mountain 90 days' written notice of its action and that Rocky Mountain could still be the dealer by placing orders before the expiration of the 90-day period. Thereafter, Rocky Mountain ordered more RVs. By this point, Higgins had already told Associated Home that it would be the dealer. Higgins told Associated Home about the 90-day issue with Rocky Mountain but also told Associated Home that they would work it out and that Associated Home would be the dealer. Associated Home did not receive any RVs from R-Vision. Associated Home filed a complaint charging that R-Vision breached a contract with it by not delivering four RVs. Associated Home argues that the order forms confirm the contract. Did the forms meet the requirements of a valid contract? [Associated Home and RV Sales, Inc. v. R- Vision, Inc., 2006 U.S. Dist. LEXIS 95631 (D.N.M. 2006).] R-Vision manufactures recreational vehicles (RVs). Representatives of Associated Home met R-Vision's regional sales manager, Darrell Higgins, and the product manager, Timothy Cunningham, at a convention where they discussed the possibility of using Associated Home as a dealer of R-Vision's RVs in Albuquerque, New Mexico. At the time of the convention, Rocky Mountain RV was R-Vision's dealer in Albuquerque. Higgins contacted Rocky Mountain and told it that if Rocky Mountain did not make better efforts to represent R-Vision's product, then R-Vision would find another dealer in Albuquerque. Higgins closed out the conversation by informing Rocky Mountain that R-Vision would "pursue somebody else." R-Vision faxed Associated Home an application to become R-Vision's dealer in Albuquerque. Associated Home faxed in return a completed dealer application form. Higgins then called Associated Home to explain that Associated Home needed to submit orders for RVs as part of the dealer application. In response to that telephone call, Associated Home submitted orders for four RV units. Higgins then contacted Rocky Mountain to tell it that R-Vision had "another dealer in your area that wants the product, that has ordered product and is going to represent the product." Rocky Mountain's owner called Higgins, and Higgins told him that Rocky Mountain would no longer be R-Vision's dealer in Albuquerque. At that point, Rocky Mountain's owner informed Higgins that, under New Mexico law, R-Vision had to give Rocky Mountain 90 days' written notice of its action and that Rocky Mountain could still be the dealer by placing orders before the expiration of the 90-day period. Thereafter, Rocky Mountain ordered more RVs. By this point, Higgins had already told Associated Home that it would be the dealer. Higgins told Associated Home about the 90-day issue with Rocky Mountain but also told Associated Home that they would work it out and that Associated Home would be the dealer. Associated Home did not receive any RVs from R-Vision. Associated Home filed a complaint charging that R-Vision breached a contract with it by not delivering four RVs. Associated Home argues that the order forms confirm the contract. Did the forms meet the requirements of a valid contract? [Associated Home and RV Sales, Inc. v. R- Vision, Inc., 2006 U.S. Dist. LEXIS 95631 (D.N.M. 2006).]

Answer rating: 100% (QA)

Yes the form meets the valid contract Representative of Associated Home met RVisions regional manager Darrell Higgings and the product manager At the time of convention Rocky Mountain RV was the deale... View the full answer