?The Red Ripe Catsup Company sent its preprinted purchase order to Coldwater Farms for 100 tons of vine ripe tomatoes for $500 a ton with payment in 30 days after delivery. Coldwater responded with its preprinted acknowledgment form in which it stated the price as $600 a ton. Coldwater delivered the tomatoes and Red Ripe accepted the delivery. Red Ripe, without reading the price difference in the Coldwater preprinted form, sent a check for $500 a ton. Coldwater deposited the check and then claimed the additional $100 a ton. Red Ripe refused.
A. ?Under UCC § 2-207(1), a contract was formed and whether the price was $500 or $600 a ton will depend on a "different term" analysis.
B. ?Under UCC § 2-207(1), a contract was formed and whether the price was $500 or $600 a tone will depend on a UCC § 2-207(2) analysis.
C. ?A contract has not been formed under UCC § 2-207(1) so the parties need to resort to the common law's last shot doctrine and the price will be $600 a ton.
D. ?A contract has not been formed under UCC § 2-207(1) so the parties need to resort to UCC § 2-207(3) and the price will be determine by the UCC § 2-305 gap filler.
Answer: D
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Fill in the blank(s) with the appropriate word(s).
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A. unconscionable. B. illegal. C. divisible. D. exculpatory.
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a. Liquidated b. Punitive c. Nominal d. Incidental
What is the legislative veto?
What will be an ideal response?