Question

Andy: "This is to confirm our telephone conversation of earlier today. 200 lbs. of T-bone at $2.89 per pound." Barb: "Yes, but that's 100 pounds at $2.99." Andy: "Too late, we already reached agreement by phone." Barb: "Too bad, it wasn't in writing."
1. Which of the following statements is true?
a. Barb is incorrect. The phone conversation was a contract.
b. Barb is correct. The agreement must be in writing to be enforceable.
c. Andy can enforce the agreement with the parol evidence rule.
d. none of the above

Answer 1

Answer:

b. Barb is correct. The agreement must be in writing to be enforceable.

Explanation:

For a contract between two parties to be enforceable, it will need to be verifiable. A phone conversation that involves verbal agreement can be denied by either party. So it is most preferable when contracts are on written form.

In this instance Andy had the following conversation and there was conflict in the agreement between the parties.

Andy: "This is to confirm our telephone conversation of earlier today. 200 lbs. of T-bone at $2.89 per pound." Barb: "Yes, but that's 100 pounds at $2.99." Andy: "Too late, we already reached agreement by phone." Barb: "Too bad, it wasn't in writing."

Of the agreement had been in writing then it would have been enforceable on Barb.