Jack calls FTD flowers and the following conversation occurs with Jill from FTD.
Jack: Hello, I would like to order 12 dozen red roses for my mother for Mother ’s Day ”. She lives in Glendora, CA.
Jill: The current price for 12 dozen red roses (144 roses) is $ 599, we take Visa, MasterCard and American Express, and that price includes delivery anywhere in Glendora, and a money back guarantee that the roses will stay alive for at least 7 days.
Jack: Wow, sounds good! Here ’s my credit card information, I ’ll take the 12 dozen roses.
FTD contracts with Flowers R Us (FRU) to deliver flowers in the Glendora area. FRU contacts mom the day before the delivery to confirm her address. Mom was very excited for the upcoming delivery, because just yesterday she had ordered flowers from ABC flowers for a funeral she was attending. Mom decided to bring her son’s flowers to the funeral and canceled her order with ABC Flowers.
The next day the delivery person from FRU showed up to mom’s front door with the 12 dozen yellow flowers and asked for an additional $ 100. FRU states that they couldn’t deliver the flowers because FTD should have charged her son $ 699. Although Mom reluctantly pays the extra $ 100 for the 12 dozen roses, she is not satisfied because Jack was promised 12 dozen red roses not yellow roses. Four days later the roses were completely dead.
Please note that you must complete an IRAC on contract formation (Offer, (Mistake, Statute of Frauds), Acceptance and Consideration), An IRAC on Assignments, an IRAC on Third Party Rights, an IRAC on Performance / Breach, an IRAC on Warranties , and an IRAC on Remedies. Please note that I will not tell students what to write on the final exam. It’s up to each of you to spot the issues (however, I did give some hints in the Assignment Comments on the last IRAC. ) Good LUCK!
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