Asked by Sylvia Joseph on Jun 29, 2024

verifed

Verified

Carpet Woes.Beau went shopping at ABC Carpet.He saw some carpet he liked but could not make up his mind.The manager at ABC Carpet wrote down the proposed purchase price for him along with a statement that the price would be good for three months.Two months later Beau went back to ABC Carpet to purchase the carpet.Unfortunately,the price had gone up.Beau showed the manager his writing and guaranteed price,but the manager said that the offer was no longer good.Although he had to pay more than the ABC manager had initially promised,Beau proceeded to purchase his carpet from ABC Carpet,and he also contracted with ABC to do the installation.Unfortunately,Beau almost immediately started to have problems with the carpet.Beau told the sales manager of ABC Carpet that he was planning on bringing suit for breach of warranty.The sales manager,however,told him that the breach of warranty provisions only applied to sales of goods and that the carpet purchase was for installation,a service.Which of the following is true regarding the enforceability of the offer made by the manager at ABC Carpet?

A) ABC Carpet is not bound by the offer because Beau did not provide any consideration.
B) ABC Carpet is bound by the offer,but only for a period of seven days.
C) ABC Carpet is bound by the offer,but only for a period of ten days.
D) ABC Carpet is not bound by the offer because Beau did not provide any consideration and because such an offer is only good for a period of ten days.
E) ABC Carpet was bound by the offer,and Beau had the right to sue for its refusal to honor the agreement.

Breach of Warranty

A violation of the terms of an express or implied warranty, where the promised standard or quality of a product or service is not met.

Consideration

A fundamental component in contract law that involves something of value exchanged between parties, making the agreement legally binding.

Enforceability

The degree to which a legal agreement or contract can be upheld and compelled by a court.

  • Understand the characteristics and implications of different contract terms in commercial transactions.
  • Identify the rights and obligations of parties within various types of sales contracts.
verifed

Verified Answer

RK
Rohan KapoorJun 30, 2024
Final Answer :
E
Explanation :
The Uniform Commercial Code creates a new category of offers: the firm offer.Under UCC Section 2-205,offers made by merchants are considered firm offers if the offer a)is made in writing and b)gives assurances that it will be irrevocable for up to three months despite a lack of consideration for the irrevocability.This contrasts sharply with the common law,under which an offer is revocable at any time prior to acceptance unless a period of irrevocability (also known as an option)is supported by some kind of consideration.