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Deb was planning to go to her vacation cabin in the mountains. Deb sent the following email to Paul: “I will pay you $500 IF you DELIVER and STACK a cord of firewood on my cabin’s BACK PORCH BEFORE FRIDAY.” Paul emailed her back, promising to deliver and stack the wood. When Deb arrived on Friday, there was no firewood on her back porch. The next day, Saturday, Paul arrived with a truck full of firewood, but Deb refused to let Paul unload it. Deb then told Paul that she had made other arrangements for her firewood. Paul sued Deb for breach of contract. Which ONE of the following is the most likely outcome of that lawsuit, and why? (HINT: Read and consider all of the possible answers before selecting the correct one.)

Nick has a piece of land. Gina wanted to purchase it, then changed her mind. The following exchanges took place through the postal system (mailing).         June 1    Gina mailed a letter to Nick, offering to buy the land for $50,000.        June 2    Gina mailed a second letter to Nick, withdrawing Gina’s June 1 offer.        June 3    Nick received Gina’s June 1 letter that included Gina’s June 1 offer.        June 4    Nick mailed a letter to Gina in which he accepted Gina’s June 1 offer.        June 5    Nick received Gina’s June 2 letter that withdrew Gina’s June 1 offer. It is now June 6. Do Nick and Gina have a contract for the sale of the land, and why or why not?

Texas Company (a Texas corporation operating in Texas) contracts to sell a private JET to Mexico Company (a Mexican corporation operating in Mexico). The contract does not specify what law governs. Does the United Nations Convention on the International Sale of Goods (CISG) apply to this contract, and why or why not?

Which ONE of the following statements about the United Nations Convention on Contracts for the International Sale of Goods (CISG) is NOT correct?

Soldier, who was recently honorably discharged from the military, could only find work in a fast-food restaurant where she lived in Philadelphia. Uncle, who lived in Seattle, told her, “There are lots of jobs here. If you come, I’ll let you stay with me for six months and help you find a job.” Soldier quit her job and drove across the country to Uncle’s house. Upon Soldier’s arrival, Uncle told Soldier that Soldier could not stay with him, and that he would not help her find work. Which ONE of the following is Soldier’s best legal argument against Uncle?

On May 1, Mary Merchant, the owner of an art gallery had the following verbal telephone conversation with Customer Charlotte: Mary Merchant: “I have a painting that I will sell to you for $30,000.” Customer Charlotte: “I can’t consider it until July 31.” Mary Merchant: “Ok, I will hold this offer open for you until August 15.” Mary Merchant and Customer Charlotte hung up the phone. At that moment, which ONE of the following best describes the legal rights of Mary Merchant and/or Customer Charlotte regarding the sale of the painting?

Baxter went to Merchant Martin’s store, Martin Electronics, to buy a computer. At Martin Electronics, Baxter found a computer priced at $2,000. Baxter was not pressured to buy the computer. Merchant Martin advised Baxter that the computer might be cheaper elsewhere. Nevertheless, Baxter bought the computer for $2,000. A week later, Baxter learned that a newer model of the same computer was selling for $1,600 at a different store. Baxter sued Merchant Martin to void the sale on grounds of Unconscionability. Which ONE of the following is the most likely outcome of that lawsuit, and why?

In a written and signed agreement, Ron hired Mary to build a horse paddock fence for a total of $8,000. Ron told Mary that a horse would be there in two weeks, and thus the fence had to be completed before then. Mary agreed that she would have it complete within two weeks. Twelve (12) days later, Mary threatened to stop working unless Ron agreed to pay her an additional $1,000 for the exact same fence. Feeling pressured because the horse was to be delivered in two days, Ron agreed to Mary’s demand for more money. When Mary finished the work, Ron refused to pay her the extra $1,000. Which ONE of the following statements best describes the legal situation between Ron and Mary now?

Carla wanted to sell some of her personal furniture. Carla posted the following advertisement on Facebook Marketplace (an online private marketplace): FOR SALE: LIVING ROOM SET—SOFA, LOVE SEAT, CHAIR, COFFEE TABLE. $400. Tom came to Carla’s home, looked at the furniture, and said, “Ok, I will give you $400 for it all.”  But Carla now didn’t like Tom, so she said, “No.”  Tom sues Carla for breach of contract. Which ONE of the following is Carla’s best argument that no contract was formed?

MAY 1: The following text exchange occurred: Carrie to Ralph: Hey Ralph! I’m leaving on a two-week vacation. While I’m gone, you can paint my house if you want. I’ll pay you $5,000. I’m sure some of the current paint will need scraping off first. Ralph to Carrie: Thanks for thinking of me! Not sure $5K is enough though. Carrie to Ralph: Well, let me know… or decide while I’m gone. If you decide later, just go ahead and do it. Carrie didn’t get a response from Ralph (by text or any other means) before she left on vacation. MAY 5: Ralph went to Carrie’s house and spent six hours scraping paint. Ralph realized the job would be much more work than he expected and that he would need to be paid more than $5,000 for the work. Ralph stopped working on Carrie’s job and left. MAY 6: Ralph was offered a different job that would take a month to complete and would pay him much more than Carrie’s job. Ralph texted Carrie: Sorry, can’t do your paint job. But again, thanks for thinking of me. Hope you’re having a great vacation. Carrie received and read Ralph’s text. MAY 15: Carrie returned home. Carrie discovered that she could not hire anyone else to paint her house for less than $8,500. Carrie demanded that Ralph finish the work. Ralph refused. Carrie hired another company to paint her house for $8,500. Carrie sued Ralph for the additional $3,500 that the full painting job cost her. QUESTIONS: Part A:  Explain Carrie’s best argument in support of her claim that a contract WAS formed between her and Ralph. Part B:  Explain Ralph’s best argument in support of his claim that a contract WAS NOT formed between him and Carrie. READ THE FOLLOWING BEFORE ANSWERING THIS ESSAY QUESTION: Make it clear when you are answering Part A and when you are answering Part B. Please do not repeat the question in your answers. HINT: This question is designed to test your knowledge of unilateral vs. bilateral contracts.