Wheeler vs. Jennings

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Wheeler vs. Jennings
Tamera Besser
Grantham University

Wheeler vs. Jennings
What constitutes a breach of contract? Under the Merchant’s Firm Offer, “a firm offer exists if a merchant gives assurances in a signed writing that his or her offer will remain open. A firm offer is irrevocable without the necessity of consideration for the stated period or, if no definite period is stated, for a reasonable period (neither to exceed three months).” In this case Jennings stated a time frame and signed the offer, by selling the car he is he in breach of the contract?

Wheeler vs. Jennings
Jennings is in breach of his contract with Wheeler, in the Business law book it talks about a Merchant’s Firm Offer this states that under regular contract principles, an offer revoked at any time before acceptance. The UCC has an exception that applies only to firm offers for sale or lease of goods made by a merchant. A firm offer exists if a merchant gives assurances in a signed writing that his or her offer will remain open. A firm offer is irrevocable without the necessity of consideration for the stated period or, if no definite period is stated, for a reasonable period (neither to exceed three months). Jennings has breached the contract he had stated to Wheeler. He did this by selling the car to another party during the specified written offer time frame. Jennings would have not breached his contract with Wheeler if he waited tell October 9th to sell the car. Jennings also put himself in a bind by making it a written contract offer. If Jennings made a verbal contract with Wheeler, Jennings could have gone and sold the merchandise to another customer without breaking any sort of contract. By singing the paper it became a legal document of proof to the buyer who had the opportunity to buy the car without anyone trying to also take a bid in buying the car. Wheeler has a...
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