Merchant Memo Rule Question (1)

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School

Baruch College, CUNY *

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Course

1101

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

1

Uploaded by SargentSteel10471

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On May 1, Serena and Bob, two college professors, entered into an oral contract under which Serena agreed to sell her computer to Bob for $1,300, with delivery and payment on May 15. On May 2, Serena sent Bob a signed letter confirming all the terms of their oral contract. Bob received Serena’s letter on May 3 but never responded. On May 15, Serena tried to deliver the computer to Bob, but Bob refused to accept or pay for it, stating that he had changed his mind and did not need Serena’s computer. Serena sues Bob for breach of contract. Bob pleads the Statute of Frauds as a defense. a. Judgment for whom? Explain. b. Would it change your answer to (a) if Serena and Bob were computer merchants? Explain.
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