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20 May, 15:07

Tune Products, Inc. offers to sell to United MP3 Sales Co. one hundred MP3 players at $50.00 a piece, subject to certain delivery dates. Unlimited replies with a signed purchase order that reads, "Accept your offer for 100 MP3 players at $50.00 each. Items must be delivered to our warehouse in San Antonio." Tune Products does not respond or deliver the goods. Unlimited files a lawsuit for breach of contract, to which Tune Products answers that there is no contract because Unlimited's purchase order contained additional terms and is not signed by Tune Products. Question: Can Unlimited recover for breach of contract here?

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Answers (2)
  1. 20 May, 17:05
    0
    Answer: Offer and acceptance.
  2. 20 May, 18:31
    0
    The answer is No, Unlimited can not recover for breach of contract here.

    Explanation:

    To start with answering this question, let us define what recover for breach of contract is:

    This can be defined or refers to any form of remedy or compensation given to the party affected or not affected by a breach of contract that is legally binding between itself and other parties. recover for breach of contract can come in form of monitory award of damages, restitution and are mostly granted in a court of law.

    Going back and by the narrative of the question, Unlimited can not recover or in order word can not get any remedies for breach of contract in this case.

    It should be noted that Tune Products. Inc did not respond nor did they sign any form of legal binding document from Unlimited which has clearly shown that there is no proof of contract as such unlimited does not have any legal backing to recover for any form of breach of contract or ground to sue Tune Products. Inc to a court of law ...
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