Does a valid and binding contract between Gerald and Luis for the sale of coffee exist? If so, what are the terms of that contract? Explain
On 2 February 2008 Gerald, who owned “Coffee Grand Restaurants” – a chain of
5 restaurants that were known for serving excellent food and fine coffee — sent
an e-mail to Luis that said: “I offer to purchase from you 5000 pounds of your
‘grade super A+’ Arabica coffee imported from Antioquia province in Colombia – I
will pay you $3.00 per pound. The coffee should be delivered to my place of
business in Panorama City on or before 12 March 2008. I will pay the full price
for the coffee by 25 March 2008.”
On 5 February 2008 Luis, who owned Colombia Coffee, Inc. — a business that
imported coffee from South America to the United States — sent an e-mail to
Gerald said: “I would like to accept your offer – I will provide you with the
coffee that you requested. The full price for all of the coffee must be paid to me
at the time the coffee is delivered to you. We will also sell to you 1000 pounds of
grade B Arabica coffee beans at a price of $2.00 per pound. This coffee will be
delivered at the same time as grade A beans. This contract shall also include
our ‘Standard Conditions of Contracts of Sale’ that can be found online at
www.colombiaccoffeeinc.com Everything on that webpage is incorporated by
reference into this contract”.
The “Standard Terms and Conditions” posted on the website including the
following statement: “The purchaser of this coffee must reimburse Colombia
Coffee, Inc. for the 2 cents per pound import duty that Colombia Coffee has paid
to the government of the United States in order to import the coffee into the
The United States”.
It was customary for purchasers of imported coffee to reimburse the seller for
import duties paid when coffee was imported into the United States.
On 6 February 2008, Gerald sent an e-mail to Luis that stated: “I am sending this
message to confirm that because of your e-mail to me we now have a contract; I
will receive the delivery of coffee from you on 12 March 2008. However, I must
inform you that I cannot purchase any grade B Arabica coffee from you – the sale
of that coffee cannot be part of our contract”.
Does a valid and binding contract between Gerald and Luis for the sale of coffee
exist? If so, what are the terms of that contract? Explain.
I need the previous case to be answered like this framework:
ANSWERING A LEGAL PROBLEM
There is a framework of analysis that should always be followed
when writing an answer to a legal problem. It can be summarized in
the acronym “IRAC”.
First, the answer to the problem must state the ISSUE. The issue is
the question that must be answered in order to know who will prevail
in the dispute – the potential lawsuit — that is the subject of the
Next, the answer should state the RULE — this is the legal principle
that provides the answer to the issue.
Next, the answer must discuss APPLICATION. Your answer must
explain how the rule of law connects with the facts of the case in
order to show who will prevail in the dispute.
The last item to include is the CONCLUSION. Who will win the
dispute? This must be stated here.
Consider this sample problem:
Gerard pointed a gun at Lucy and said: “You little #^*@*^#. I
hate your *&#@ ing guts. I think I will blow off your *&#@ing
head!” He then dropped the gun, grabbed Lucy, and tied her
hands behind her back. He then forced her into the trunk of an
old car, closed the door, and drove away in another car. Lucy
started screaming. Lulu heard her and called the police, who
opened the trunk and untied Lucy.
An answer to any legal problem should employ the IRAC form of
analysis. If the problem raises more than one legal issue, it is a good
idea to first provide an answer to one issue. After that is done, the
process can be repeated for each of the other issues.
ISSUE: Did Gerard commit the tort of assault?
RULE: The elements of the tort of assault are (a) Act by the
Defendant; (b) Intent; (c) Causation and (d) Apprehension of
Imminent Bodily Harm.
APPLICATION: Gerard spoke to Lucy and pointed a gun at her;
these are acts done by the defendant. He was not compelled to do
these things, therefore he acted with intent. “But-for” Gerard’s
actions, Lucy would not have experienced the perception that she
might very soon suffer severe bodily injuries. Lucy has experienced
apprehension of imminent bodily harm.
CONCLUSION: Lucy will win a suit against Gerard for assault.
ISSUE: The next issue is whether Gerard committed the tort of
RULE: The elements of the tort of battery are (a) Act by the
Defendant; (b) Intent; (c) Causation and (d) Harmful or Offensive
APPLICATION: The first three elements of this tort are present in this
problem for the reasons discussed above in connection with an assault.
Gerard grabbed Lucy, tied her up with rope, and threw her into the
trunk of a car. Each of these actions involved contact with Lucy’s
body that was clearly offensive and possibly also harmful. Harmful or
offensive touching has occurred here.
CONCLUSION: Gerard has committed the tort of battery.
|Academic Level||College (1-2 years: Freshmen, Sophomore)|
|Paper Type||Case study|
|Number of Pages||2 Page(s)/550 words|