Question

Strike offers to sell Bailey one thousand shirts for a stated price. The offer declares that shipment will be made by Dependable Truck Line. Bailey replies, "I accept your offer for one thousand shirts at the price quoted. Delivery to be by Yellow Express Truck Line." Both Strike and Bailey are merchants. Three weeks later, Strike ships the shirts by Dependable Truck Line, and Bailey refuses to accept delivery. Strike sues for breach of contract. Bailey claims that there never was a contract because his reply, which included a modification of carriers, did not constitute an acceptance. Bailey further claims that even if there had been a contract, Strike would have been in breach because Strike shipped the shirts by Dependable, contrary to the contract terms. Discuss fully Bailey’s claims. Miller, Roger LeRoy. Cengage Advantage Books: Business Law Today, The Essentials: Text and Summarized Cases (p. 323). Cengage Learning. Kindle Edition.

Answer 1

Answer: A contractual obligation om shipment is not enforceable.

Explanation: A contract is a legally binding agreement. For a contract to be legally binding it needs to have an offer and acceptance. Strike and Bailey are merchants who both agree on the stated quantity and price of shirts to be shipped. However, the declaration or condition of shipment is neither agreed nor accepted by both Strike and Bailey as Strike offered to deliver using 'Dependable Truck Line' while Bailey accepted delivery by 'Yellow Express Truck Line' that was never offered.

For a contract to exist, a complete offer and acceptance must exist on the full terms and conditions of te shipment in this case. However, there is no agreement by either party on the shipment therefore contractual obligation on shipment is not enforceable.