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Until last year, Nancy worked for a catalog company as a copywriter and was quite happy in her job. But then she decided she could

Until last year, Nancy worked for a catalog company as a copywriter and was quite happy in her job. But then she decided she could do more with her life and that she was meant to be a great author. She quit her job and began to devote all her time and energy to writing the great American novel. She made the appropriate filings with the State Attorney General's office to incorporate so she could deduct household expenses while writing and formed "The Pointed Pen, Inc."

Nancy needed writing supplies. On April 2, she sent a letter on her new corporate letterhead to Hemingways, a stationery supplier, requesting a catalog of supplies and prices. On April 10, she received the company catalog and, in addition, Hemingways enclosed a form letter that stated: "Available to our first-time customers: standard white typing-quality paper at $15 per ream. Ready for immediate delivery. 5 ream minimum. Reduced price with orders of 15 reams or more." Nancy wrote back on April 15: "I accept your offer. Please ship 10 reams of paper and deliver by May 1."

On April 18, Hemingways sent a letter to Nancy stating: "Confirming shipment to The Pointed Pen, Inc. of 15 reams of paper at a special price of $12 per ream, delivery to take place as requested."

On May 1, Nancy received a delivery of 15 reams of paper together with an invoice for $180 plus shipping charges. Nancy is livid. She does not need so much paper nor can she afford it. She called Hemingways and they said that because she failed to respond to their letter of April 18, she is stuck with the 15 reams.

Nancy seeks your advice.

 

 

 Explain to Nancy what issues arise under this set of facts, and how they would likely be resolved by a court.  Construct your advice based on the rules you have learned so far (and be sure to add the text of each rule to your IRAC presentation.)

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Issues Formation of a contract Did Nancy and Hemingways form a contract for the sale of 10 reams of paper or 15 reams of paper Acceptance of an offer ... blur-text-image

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