On November 1, Debbit, an accountant, and Barrister, a lawyer, contracted for th

Question

On November 1, Debbit, an accountant, and Barrister, a lawyer, contracted for the sale by Debbit to Barrister of the law books Debbit had inherited from his father. Barrister agreed to pay the purchase price of $10,000 when Debbit delivered the books on December 1.

On November 10, Barrister received a signed letter from Debbit that stated: “I have decided to dispose of the book stacks containing the law books you have already purchased. If you want the stacks, I will deliver them to you along with the books on December 1 at no additional cost to you. Let me know before November 15 whether you want them. I will not sell them to anyone else before then.”

On November 14, Barrister faxed and Debbit received the following message: “I accept your offer of the stacks. “Debbit was not a merchant with respect to either law books or book stacks.

Is Debbit contractually obligated to deliver the stacks? And why?

Explanation / Answer

Debbit is contractually obligated to deliver the stacks, because through his fax dated November 10, to his legal detriment, he waived the bargained for consideration, that would otherwise be required.

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