Can someone help me answer this ?? Thanks 4. Strike offers to sell Bailey one th

Question

Can someone help me answer this ?? Thanks

4. Strike offers to sell Bailey one thousand shirts for a stated price. The offer declares that shipment will be made by Dependable Truck Line. Bailey replies, "I accept your offer for one thousand shirts at the price quoted. Delivery to be by Yellow Express Truck Line." Both Strike and Bailey are merchants. Three weeks later, Strike ships the shirts by Dependable Truck Line, and Bailey refuses to accept delivery. Strike sues for breach of contract. Bailey claims that there never was a contract because his reply, which included a modification of carriers, did not constitute an acceptance. Bailey further claims 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. Discuss Bailey's claims.

Explanation / Answer

In this case it was mentioned initially that the shipment will be made by Dependable Truck Line and while accepting the offer Bailey mentioned that the Shipment needs to be done by Yellow Express Truck Line but this term was not mentioned in the offer contract and neither was it acknowledged by Strike. While the order was shipped by Strike it was not accepted by Bailey but in this case in order to make the clause effective, Bailey had to incorporate the clause in the offer contract which he did not hence Bailey's claims are not justified legally because it is not present in the contract.

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