[Customer Uncertainty] Luke Wanted Baseball Caps with the Name of the Firm

question 79

Multiple Choice

[Customer Uncertainty] Luke wanted baseball caps with the name of the firm of which he was president, ABC Corporation, emblazoned on the front. Emilia, a merchant in specialized goods, orally agreed with Luke that she would sell him 200 baseball caps at $5 each. No writing was ever made, although there were a number of witnesses to the conversation. After the caps were finished, but before they were shipped, Luke called to cancel the order because his firm had just announced a merger and would no longer be known as ABC Corporation. Emilia told him she would not cancel the contract because she had just finished the caps. Luke told Emilia that she should have been smarter and had him sign something because without a writing, she would not have a chance in court. Emilia is also having problems with other customers. A father who voluntarily coached a youth softball league in his community called and orally ordered 150 baseball caps at a cost of $4 to give out at a league banquet. He wanted a variety of caps with no name on them because players from different teams would be at the banquet. Emilia sent a confirmation letter to the coach and had the caps packed up and ready to go. Just before she shipped them, the coach called and told her that there was a big feud, the banquet was canceled, and that he was canceling the order. She believes that the coach should pay damages, especially because a big order was involved. Finally, Emilia has a merchant customer who orally ordered 500 plain T-shirts at a cost of $5 each, but has not picked them up and has refused to do so after several demands. Emilia wants to take the merchant customer to small claims court.
-Which of the following is true regarding Emilia's assertion that she should be allowed to recover from the baseball coach?

• A) Based upon the facts given, Emilia cannot recover because the coach was not a merchant in regards to the transaction and had not signed anything showing that he was to be charged for the caps.
• B) Emilia can recover because she sent the coach a confirmation letter, and he did not object within 10 days of receipt.
• C) Emilia can recover because she sent the coach a confirmation letter, and he did not object within 20 days of receipt.
• D) Emilia can recover because the transaction was not covered by the UCC.
• E) Emilia can recover only if she can prove by testimony of a witness that the coach received the confirmation letter and read it.

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Definitions:

Agents of Socialization

Refers to the individuals, groups, and institutions that play a significant role in integrating an individual into society by teaching social norms, values, and skills.

Culturally Appropriate

Refers to actions or approaches that are respectful of and relevant to the cultures and values of a particular group or community.

Flexible Self

A concept describing individuals who easily adapt their identity and roles to various social situations and expectations.

Virtual Communities

Groups of people who interact and form a community online rather than through face-to-face interactions, often through forums, social media platforms, or multiplayer online games.