Question

Strike, a clothing manufacturer from Minnesota, offered to sell Bailey, the owner of a clothing store in Colorado, one thousand shirts for a stated price to be paid on delivery of the shirts. The offer declared that shipment would be made by Dependable Truck Line to Bailey's store. Bailey replied, "I accept your offer for one thousand shirts at the price quoted. However, delivery is to be by Yellow Express Truck Line." Both Dependable Truck Line and Yellow Express Truck Line are well-known national companies. Three weeks later, Strike shipped the shirts by Dependable Truck Line, which was just a few dollars cheaper, and Bailey refused to accept delivery. Strike sued for breach of contract. Bailey claimed that there never was a contract because his reply, which included a modification of carriers, did not constitute an acceptance. Bailey further claimed that, even if there had been a contract, Strike would have been in breach because Strike shipped the shirts by Dependable, contrary to the contract terms.

Answer 1

There was no contract since there was no mutual agreement on the shipping company.

Step-by-step explanation:

For a contract to be enforceable, it is necessary to have proper offer and acceptance by the two parties. In this case, Strike made an offer and Bailey accepted the stated price but added that the shipping has to be done by Yellow Express Truck Line and not Dependable Truck. Since there was no agreement reached on the shipping company by both the parties, the contract isn't enforceable.