Essay about Mock Exam Contract Law

3277 Words Nov 5th, 2012 14 Pages
Contracts Exam Question (with sample answers) Question 1 H. Bigbus (B hereafter) operates a construction supply business in Harrisburg. B specializes in supplying difficult-to-locate plumbing and light fixtures for contractors who do remodeling work. B sent the following letter to five contractors in the Harrisburg region: OFFER TO THE TRADE We have cornered the market for a source of brass "Orient Express" wall hanging light fixtures. We know (and we're sure that you do, too) that these fixtures are in such great demand that they are nearly impossible to obtain. If you are willing to take all your needs from us, we'll guarantee delivery at $20.00 each. I. M. Sap (S hereafter), a contractor who remodeled about twenty houses per year, …show more content…
X permitted S to take the lamps. On the next day the price of the lamps on the market rose to $60.00 each. On the same day B sent his truck to pick up the refused lamps from X, and was told that the lamps had been turned over to S. B immediately contacted X and told him that "We have no deal, and I want my lamps back right now." Claiming that he had a contract with B, S refused to return the lamps.

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B then brought an appropriate action to obtain the lamps or their market value from S. S raised the affirmative defense that a contract existed between B and S for a price of $18.00 per lamp. B denied this affirmative defense. How will the court decide the affirmative defense of S and B's reply and why?

ANSWERS TO QUESTION 1 OF CONTRACTS EXAM Exam 5003 – AThe letter sent by B was an offer. An offer may be defined as a communication, having sufficient definiteness to eliminate the need for further negotiation, and creating the impression of manifest intent to enter into a K. An offer may be made to the general public, as in a mass mailing or advertisement, or to an individual. The letter was sufficiently definite. It provided the description of the product, a price, and a quantity. The quantity, while not particular, first created the impression of a great many pieces available. Second, it operated as an offer for a requirement K by UCC 2306. Such a requirement K need not be explicit in the quantity; it is

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