On February 14, 2019, Standard Fruits, Inc., mailed Superior Markets, a written offer to sell Superior 100 crates of oranges (approximately 30 oranges per crate) for $35.00 per crate. By the terms of Standard's offer, Superior had the exclusive right to accept or decline the offer until February 28th at 5:00p.m. Superior received the written offer on February 17th. On February 18th Standard sent Superior a letter revoking the offer which Superior received on February 22nd. On February 20th, Superior sent an email to Standard stating it would purchase the 100 crates of oranges at $35.00 per crate, provided that Standard delivered the oranges no later than Apri115, 2019.
Explain why Superior has a valid contract with Standard Fruits by answering each of the following questions :
- Are both parties merchants? Use UCC §2104 in your answer. 2. Was the offer irrevocable? Use UCC §2205 in your answer. 3. Was the attempt to revoke by Standard unsuccessful? Use your answers to 1 and 2 to answer this question. 4. Was Superiors email a valid method of acceptance of the offer? Use UCC §2206 in your answer. 5. Is Superior's February 20th acceptance valid even though it changes the terms of the offer AND, if valid, what are the terms of the contract that has been formed. Use §2207 (ALL parts of §2207).
Sample Solution