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Fact Pattern 10-1
Lulene makes the best lemon meringue pies in Mississippi. So Ellen, who owns Ellen's Old Fashion Cafe, contracts with Lulene to buy 50 pies per week at the price of $5.00 per pie.
Although Lulene took a class in business law, she forgot to get her agreement with Ellen in writing. Lulene and Ellen agreed during a chat. Lulene said: "I will supply you with lemon meringue pies for however long you want them at $5.00 per pie." Ellen said: "That's great, I'll take them." Both women were pleased.
Soon Lulene had a problem. Between a hurricane in Florida and brush fires in California, the price of lemons increased by 200%. Now, instead of the $5.00 per pie price she intended to charge Ellen, she feels she must charge $7.00 per pie to make a little profit.
Lulene calls Ellen with the bad news and Ellen has a fit. She tells Lulene that's too bad, but the deal is off. Lulene says, "That's what you think!" and goes to see Amanda, her attorney.
-Refer to Fact Pattern 10-1. Lulene and Ellen's contract may best be described as:
Bales of Hay
Compacted, bound, and often wrapped bundles of hay used for feeding livestock, as bedding, or for agricultural purposes.
Accepted
Acknowledgment or agreement to the terms of an offer, thereby creating a binding contract.
Installment Delivery
The distribution of goods to a buyer in several sequential parts, each of which is accepted and paid for by the buyer over time as stipulated in a contract.
Nonconformity
A situation where delivered goods or services do not meet the specifications or requirements as outlined in a contract.
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