A retailer ordered some inventory by phone from a manufacturer. The order was for 1,000
machines from the manufacturer's inventory at $300 each. The manufacturer sent the retailer a
fax moments later detailing the order.
The retailer looked at the fax and was satisfied that it
stated the terms of the contract, but never responded in any way. When the goods were
delivered on time a month later, the retailer refused to accept them, asserting that the contract
was unenforceable. Which is true?
A) The contract is enforceable under the written confirmation rule.
B) No writing is needed because of one of the exceptions to the Statute of Frauds.
C) The contract is enforceable because it would be unconscionable to not enforce it.
D) The contract is unenforceable because the retailer has not signed a writing.
E) Because the fax was not responded to, this was an accommodation shipment.
A
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