Ask Homework Help/Study Tips Expert

Defendant, Gray Communications, desired to build a television tower. After a number of negotiation sessions conducted by telephone between the Defendant and Plaintiff, Kline Iron, the parties allegedly reached an oral agreement under which the Plaintiff would build a tower for the Defendant for a total price of $1,485,368. A few days later, Plaintiff sent a written document, referred to as a proposal, for execution by Defendant. The Proposal indicated that it had been prepared for immediate acceptance by Defendant and that prior to formal acceptance by Defendant it could be modified or withdrawn without notice. A few days later, without having executed the Proposal, Defendant advised Plaintiff that a competitor had provided a lower bid for construction of the tower. Defendant requested that Plaintiff explain its higher bid price, which Plaintiff failed to do. Defendant then advised Plaintiff by letter that it would not be retained to construct the tower. Plaintiff then commenced suit alleging breach of an oral contract, asserting that the oral agreement was enforceable because the common law of contracts, not the UCC, governed the transaction and that under the common law a writing is not necessary to cover this type of transaction. Even if the transaction was subject to the UCC, Plaintiff alternatively argued, the contract was within the UCC "merchant's exception."

Is the plaintiff correct in its assertions? Discuss.

Homework Help/Study Tips, Others

  • Category:- Homework Help/Study Tips
  • Reference No.:- M9201812

Have any Question?


Related Questions in Homework Help/Study Tips

Review the website airmail service from the smithsonian

Review the website Airmail Service from the Smithsonian National Postal Museum that is dedicated to the history of the U.S. Air Mail Service. Go to the Airmail in America link and explore the additional tabs along the le ...

Read the article frank whittle and the race for the jet

Read the article Frank Whittle and the Race for the Jet from "Historynet" describing the historical influences of Sir Frank Whittle and his early work contributions to jet engine technologies. Prepare a presentation high ...

Overviewnow that we have had an introduction to the context

Overview Now that we have had an introduction to the context of Jesus' life and an overview of the Biblical gospels, we are now ready to take a look at the earliest gospel written about Jesus - the Gospel of Mark. In thi ...

Fitness projectstudents will design and implement a six

Fitness Project Students will design and implement a six week long fitness program for a family member, friend or co-worker. The fitness program will be based on concepts discussed in class. Students will provide justifi ...

Read grand canyon collision - the greatest commercial air

Read Grand Canyon Collision - The greatest commercial air tragedy of its day! from doney, which details the circumstances surrounding one of the most prolific aircraft accidents of all time-the June 1956 mid-air collisio ...

Qestion anti-trustprior to completing the assignment

Question: Anti-Trust Prior to completing the assignment, review Chapter 4 of your course text. You are a manager with 5 years of experience and need to write a report for senior management on how your firm can avoid the ...

Question how has the patient and affordable care act of

Question: How has the Patient and Affordable Care Act of 2010 (the "Health Care Reform Act") reshaped financial arrangements between hospitals, physicians, and other providers with Medicare making a single payment for al ...

Plate tectonicsthe learning objectives for chapter 2 and

Plate Tectonics The Learning Objectives for Chapter 2 and this web quest is to learn about and become familiar with: Plate Boundary Types Plate Boundary Interactions Plate Tectonic Map of the World Past Plate Movement an ...

Question critical case for billing amp codingcomplete the

Question: Critical Case for Billing & Coding Complete the Critical Case for Billing & Coding simulation within the LearnScape platform. You will need to create a single Microsoft Word file and save it to your computer. A ...

Review the cba provided in the resources section between

Review the CBA provided in the resources section between the Trustees of Columbia University and Local 2110 International Union of Technical, Office, and Professional Workers. Describe how this is similar to a "contract" ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As