?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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What will be an ideal response?
_____ damages are awarded to the injured party to cover reasonable expenses that indirectly result from the breach of the contract.
a. Liquidated b. Punitive c. Nominal d. Incidental
Sometimes,after reviewing all of the papers in support of or in opposition to a motion, a judge will issue a/an ruling prior to the court hearing.
Fill in the blank(s) with the appropriate word(s).
Clauses that limit a party's liability are
A. unconscionable. B. illegal. C. divisible. D. exculpatory.