Breach of Contract

Bob’s Big Boy is a restaurant and needed to order new plates for the restaurant.

On May 1, Bob emailed Plates Inc. and asked how much it would cost for 500 plates from the Glacier Plate collection.

On May 2, Stan, president of Plates, Inc., responded by email stating that he could ship the plates to Bob but could not offer $10 per plate unless the order was for at least 600 plates.”

On May 3, Bob responded to the email stating “Sounds good, make it 700. I will put a check in the mail for $7,000.”

On May 4, Bob found a few hidden boxes in storage that had plates and decided his did not need the extra plates after all. He did not send the check and instead mailed a letter to Stan saying he no longer wanted the plates.

On May 5, Stan emailed Bob stating “Just left UPS. I shipped the 700 plates – please send check asap.” When Bob got the email, he replied immediately saying, “I am no longer interested in the plates. I mailed you a letter yesterday to let you know. I will return them to you if you send me money for shipping or you can come pick them up at the restaurant.”

On May 6, Stan received Bob’s letter. On May 8, the plates arrived at Bob’s Big Boy.

Stan claims a contract was formed and Bob is required to pay for the plates. For this essay, please assume the contract was for a sale of goods and the UCC applies. Also assume there was valid consideration. ONLY address the following issues:

Was there a valid offer? If so, what was the offer?
Was there a valid acceptance? When did the acceptance take place?
Was the offer open for acceptance at the time it was accepted? Only address revocation. You do not need address lapse, rejection, or death.

So in total you should have 3 IRACS: (i) offer; (ii) acceptance (iii) was the offer revoked before being accepted?

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